United States v. Jose Villatoro-Ortez , 609 F. App'x 247 ( 2015 )

Case: 13-40618 Document: 00513113754 Page: 1 Date Filed: 07/13/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 13-40618 FILED
Summary Calendar July 13, 2015
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSE GILBERTO VILLATORO-ORTEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:13-CR-63
Before STEWART, Chief Judge, and PRADO and HAYNES, Circuit Judges.
PER CURIAM: *
Jose Gilberto Villatoro-Ortez (Villatoro) appeals the sentence imposed
following his guilty plea conviction for being unlawfully present in the United
States following removal. He argues that the district court erred by applying
a 16-level enhancement for his being removed following a conviction for a drug
trafficking offense for which the sentence was greater than 13 months of
imprisonment.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 13-40618 Document: 00513113754 Page: 2 Date Filed: 07/13/2015
No. 13-40618
Villatoro’s sentence has expired, and he has been released. Accordingly,
the appeal of his sentence is moot. See United States v. Rosenbaum-Alanis,
483 F.3d 381, 382 (5th Cir. 2007); United States v. Ramon, 320 F.3d 519, 519-
20 (5th Cir. 2003).
APPEAL DISMISSED.
2