U.S. v. Molina-Alcay

Full title: UNITED STATES OF AMERICA, Plaintiff, v. MARIO MOLINA-ALCAY, a/k/a Mario…

Court: United States District Court, D. Colorado

Date published: Feb 10, 2006

Criminal Action No. 04-cr-00150-MSK (D. Colo. Feb. 10, 2006)

Opinion

Criminal Action No. 04-cr-00150-MSK.

February 10, 2006

ORDER CLOSING CASE

MARCIA KRIEGER, District Judge

THIS MATTER comes before the Court sua sponte.

On or about October 13, 2004, the Defendant was sentenced to 18 months imprisonment as a result of his plea of guilty to unlawful re-entry into the United States, 8 U.S.C. § 1326. The Defendant appealed his sentence, and on June 22, 2005, the 10^th Circuit remanded the case to this Court with instructions to vacate the sentence and re-sentence the Defendant in light of U.S. v. Booker, 125 S.Ct. 738 (2005). Before Mandate issued, however, the Defendant completed his custodial sentence, and was deported to Mexico.

For the reasons stated by counsel for the Defendant (# 45) and the United States (# 46), the Court cannot carry out the mandate of the 10^th Circuit and resentence the Defendant until he is physically present in Court. Accordingly, the Court directs that the Clerk of the Court CLOSE this case, pending the return, if any, of the Defendant to the United States. Should counsel for the Defendant or the United States learn that the Defendant has re-entered the United States, they may apply to reopen this case and re-set the matter for resentencing.