USA v. Ruben Lopez-Trevino

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UNPUBLISHED OPINION FILED. [14-10521 Dismissed as Moot ] Judge: PEH , Judge: EHJ , Judge: SAH Mandate pull date is 02/18/2015 for Appellant Ruben Alberto Lopez-Trevino; granting motion to dismiss appeal filed by Appellee USA [7790995-2] [14-10521]

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Case: 14-10521 Document: 00512914802 Page: 1 Date Filed: 01/26/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-10521 Summary Calendar United States Court of Appeals Fifth Circuit FILED January 26, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RUBEN ALBERTO LOPEZ-TREVINO, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:13-CR-160-1 Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: * Ruben Alberto Lopez-Trevino appeals the sentence imposed following his guilty plea conviction for illegal reentry following a previous deportation. He argues that the district court erred in not reducing his sentence for the two months he served in immigration custody following his arrest. Lopez-Trevino has completed his term of imprisonment, has been released from custody, and has been removed to Mexico. The appeal of his 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-10521 Document: 00512914802 Page: 2 Date Filed: 01/26/2015 No. 14-10521 sentence is therefore moot. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 382-83 (5th Cir. 2007). Accordingly, the Government’s unopposed motion to dismiss the appeal as moot is GRANTED. MOTION GRANTED; APPEAL DISMISSED. 2

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