USA v. Jesus Osorio-Bautista


UNPUBLISHED OPINION FILED. [13-50651 Dismissed as Moot ] Judge: FPB , Judge: EBC , Judge: PRO Mandate pull date is 04/24/2014 for Appellant Jesus Abel Osorio-Bautista [13-50651]

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Case: 13-50651 Document: 00512583950 Page: 1 Date Filed: 04/03/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 13-50651 Summary Calendar April 3, 2014 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JESUS ABEL OSORIO-BAUTISTA, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 1:13-CR-159-1 Before BENAVIDES, CLEMENT, and OWEN, Circuit Judges. PER CURIAM: * Jesus Abel Osorio-Bautista (Osorio) appeals the sentence imposed following his guilty plea conviction for illegal reentry following deportation in violation of 8 U.S.C. § 1326. He contends that the district court procedurally erred by relying on a clearly erroneous fact. Osorio also argues that the sentence is unreasonable because it is greater than necessary to accomplish the sentencing goals set forth in 18 U.S.C. § 3553(a). Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 13-50651 Document: 00512583950 Page: 2 Date Filed: 04/03/2014 Osorio has completed his term of imprisonment, has been released from custody, and has been removed to Mexico. The appeal of his sentence is therefore moot. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 382-83 (5th Cir. 2007). Accordingly, the appeal is DISMISSED.

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