United States v. Carlos Rosario-Solis

Case: 11-20684 Document: 00512211561 Page: 1 Date Filed: 04/17/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 17, 2013
No. 11-20684
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
CARLOS JOEL ROSARIO-SOLIS, also known as Baina,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:10-CR-516-8
Before REAVLEY, JOLLY, and DAVIS, Circuit Judges.
PER CURIAM:*
Carlos Joel Rosario-Solis (Rosario) appeals the within-guidelines sentence
imposed following his guilty plea conviction of conspiracy to commit and to aid
and abet the commission of certain offenses against the United States relating
to fraud and misuse of visas and similar documents. He argues, for the first
time on appeal, that the sentence imposed was substantively unreasonable
because it was greater than necessary to achieve the sentencing objectives set
forth in 18 U.S.C. § 3553(a).
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-20684 Document: 00512211561 Page: 2 Date Filed: 04/17/2013
No. 11-20684
Defense counsel concedes that Rosario has been released from prison and
deported. Relying on Lares-Meraz, 452 F.3d 352, 354-55 (5th Cir. 2006),
however, Rosario argues that his appeal is not moot.
Whether an appeal is moot is a jurisdictional issue. Lares-Meraz, 452 F.3d
at 354-55. Rosario’s attack on his sentence has been rendered moot by his
deportation because there is no relief that this court may grant him with respect
to his sentence. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 383 (5th
Cir. 2007). Accordingly, the appeal is DISMISSED for lack of jurisdiction.
2