United States v. Bertha De Castorena ( 2016 )

Case: 15-50686 Document: 00513579909 Page: 1 Date Filed: 07/06/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-50686
FILED
July 6, 2016
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
BERTHA MORENO DE CASTORENA,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:13-CR-187-1
Before JOLLY, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM: *
Bertha Moreno de Castorena, former federal prisoner # 10226-380,
appeals the district court’s denial of her 18 U.S.C. § 3582(c)(2) motion for a
sentencing reduction based on Amendment 782 to the Sentencing Guidelines.
On May 27, 2016, before this case was decided, Moreno de Castorena was
released from federal custody. “Where a defendant has begun serving a term
of supervised release, the appeal of the denial of [her] § 3582(c)(2) motion is
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-50686 Document: 00513579909 Page: 2 Date Filed: 07/06/2016
No. 15-50686
moot.” United States v. Booker, 645 F.3d 328, 328 (5th Cir. 2011). Because
Moreno de Castorena’s appeal concerns only the term of her imprisonment,
and makes no challenge to her term of supervised release, her arguments
pertain only to relief under § 3582(c)(2). Accordingly, we conclude that Moreno
de Castorena’s appeal must be DISMISSED AS MOOT.
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