Opinion
No. 04-20918 Summary Calendar.
August 31, 2007.
James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office Southern District of Texas, Houston, TX, for Plaintiff-Appellee.
Joe A. Salinas, III, Houston, TX, for Defendant-Appellant.
Jose De Leon-Hernandez, Big Spring, TX, pro se.
Appeal from the United States District Court for the Southern District of Texas, USDC No. 4:03-CR-468-2.
Before JONES, Chief Judge, and HIGGINBOTHAM and OWEN, Circuit Judges.
Jose De Leon-Hernandez appeals the sentences imposed following his guilty-plea convictions for harboring undocumented aliens in violation of 8 U.S.C. § 1324(a)(1)(A)(iii), (a)(1)(A)(v)(II), and (a)(1)(B)(i). He argues that his sentence should be vacated and the case should be remanded for resentencing because it is unclear whether he was sentenced pursuant to an advisory guidelines scheme or a mandatory guidelines scheme in violation of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).
De Leon-Hernandez has been released from prison and removed from the United States. Because De Leon-Hernandez is barred from returning to the United States and there is no indication that he has waived his right to be present for resentencing, his challenge to the validity of his sentence is moot. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 382-83 (5th Cir. 2007).
APPEAL DISMISSED.