United States v. Jose Hernandez-Lobaton

Case: 12-41346 Document: 00512377908 Page: 1 Date Filed: 09/18/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
September 18, 2013
No. 12-41346
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSE ARTURO HERNANDEZ-LOBATON,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:12-CR-632-1
Before KING, DAVIS, and ELROD, Circuit Judges.
PER CURIAM:*
Jose Arturo Hernandez-Lobaton pleaded guilty to being found illegally
present in the United States after deportation following a felony conviction. He
received a 13-month prison sentence to be followed by three years of supervised
release. Hernandez-Lobaton has appealed, contending that the district court did
not adequately explain its reasons for imposing supervised release and failed to
account for the advice in the Sentencing Guidelines that deportable aliens
ordinarily should not be sentenced to terms of supervised release.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-41346 Document: 00512377908 Page: 2 Date Filed: 09/18/2013
No. 12-41346
Because Hernandez-Lobaton has been released from prison and deported
to Mexico, however, his appeal is moot, see United States v. Rosenbaum-Alanis,
483 F.3d 381, 383 (5th Cir. 2007), and accordingly is DISMISSED.
2