Opinion
No. 12-40777
02-20-2014
UNITED STATES OF AMERICA, Plaintiff - Appellee v. CONSTANTINO GAMEZ-TENERIA, also known as Constantino Gamez-Martinez, Defendant - Appellant
Summary Calendar
Appeals from the United States District Court
for the Southern District of Texas
USDC No. 7:12-CR-143-1
Before JONES, BARKSDALE, and HAYNES, Circuit Judges. PER CURIAM:
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Constantino Gamez-Teneria pleaded guilty to being unlawfully present in the United States following removal. The district court sentenced Gamez to 27-months' imprisonment, less 190 days of credit for state custody, and did not impose a supervised-release term.
For his only issue on appeal, Gamez contends the court erred in concluding his Illinois involuntary-manslaughter conviction warranted a 12-level enhancement under Sentencing Guideline § 2L1.2(b)(1)(A)(ii) (unlawfully entering or remaining in United States after felony conviction for crime of violence). Because Gamez has been released from prison and removed from the United States (24 June 2013), his appeal is moot. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 383 (5th Cir. 2007).
DISMISSED.