NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted August 24, 2010
Decided September 10, 2010
Before
RICHARD A. POSNER, Circuit Judge
ANN CLAIRE WILLIAMS, Circuit Judge
JOHN DANIEL TINDER, Circuit Judge
No. 10‐1281
UNITED STATES OF AMERICA, Appeal from the United States
Plaintiff‐Appellee, District Court for the Eastern
District of Wisconsin
v.
No. 2:99‐cr‐00211‐LA‐1
YOGESH SHAH,
Defendant‐Appellant. Lynn Adelman, Judge.
O R D E R
After we reversed the judgment with instructions to resentence, 559 F.3d 643 (7th
Cir. 2009), the defendant was resentenced, and again appealed. His lawyer has filed an
Anders brief and moved to dismiss the appeal as frivolous; he has responded.
On remand the judge had imposed a below‐guidelines sentence of 108 months, the
practical equivalent of time served. The defendant has been released from custody and
removed to India. His convictions, which are not at issue, render him inadmissible to the
United States; he has served his prison sentence; and the amount he has been ordered to
pay in restitution is uncollectable. Even if the appeal is not moot, it is entirely frivolous, as
explained in great and lucid detail in the Anders brief filed by the federal defender.
The motion is granted and the appeal DISMISSED.
