United States v. Jesus Osorio-Bautista

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 13-50651 April 3, 2014
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JESUS ABEL OSORIO-BAUTISTA,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:13-CR-159-1
Before BENAVIDES, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
Jesus Abel Osorio-Bautista (Osorio) appeals the sentence imposed
following his guilty plea conviction for illegal reentry following deportation in
violation of 8 U.S.C. § 1326. He contends that the district court procedurally
erred by relying on a clearly erroneous fact. Osorio also argues that the
sentence is unreasonable because it is greater than necessary to accomplish
the sentencing goals 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
No. 13-50651
Osorio has completed his term of imprisonment, has been released from
custody, and has been removed to Mexico. The appeal of his sentence is
therefore moot. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 382-83
(5th Cir. 2007). Accordingly, the appeal is DISMISSED.
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