Opinion
No. 05-40741 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, Philip G. Gallagher, 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. 5:04-CR-2469.
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.
___ U.S. ___, 127 S.Ct. 625, 166 L.Ed.2d 462 (2006).
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.