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U.S. v. Argueta-Hernandez

United States Court of Appeals, Fifth Circuit
May 3, 2007
225 F. App'x 336 (5th Cir. 2007)

Opinion

No. 05-41254 Summary Calendar.

May 3, 2007.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, H. Michael Sokolow, Federal Public Defender's Office Southern District of Texas, Houston, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Texas, No. 5:05-CR-346.

Before STEWART, DENNIS, and OWEN, Circuit Judges.


ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES


On January 8, 2006, the Supreme Court vacated our judgment in this case and remanded the case to this court for further consideration in light of Lopez v. Gonzales. The defendant has served his term of imprisonment and has been deported, but he remains subject to a term of supervised release. Our disposition of this appeal is governed by this circuit's binding precedent in United States v. Rosenbaum-Alanis.

483 F.3d 381 (5th Cir. 2007).

Because the defendant remains subject to a term of supervised release, however, he may still seek modification of the term of supervised release under 18 U.S.C. § 3583(e), which does not require his presence. We therefore DISMISS this appeal without prejudice to the defendant's right to seek a modification of his term of supervised release.


Summaries of

U.S. v. Argueta-Hernandez

United States Court of Appeals, Fifth Circuit
May 3, 2007
225 F. App'x 336 (5th Cir. 2007)
Case details for

U.S. v. Argueta-Hernandez

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Jose ARGUETA-HERNANDEZ…

Court:United States Court of Appeals, Fifth Circuit

Date published: May 3, 2007

Citations

225 F. App'x 336 (5th Cir. 2007)

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