United States v. Ramirez-Maldonado

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS June 13, 2007
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 04-40749
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TIMOTEO RAMIREZ-MALDONADO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:04-CR-144-ALL
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ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*
This court affirmed the conviction and sentence of Timoteo
Ramirez-Maldonado (Ramirez). United States v. Ramirez-Maldonado,
145 F. App’x 55 (5th Cir. 2005). The Supreme Court vacated and
remanded for further consideration in light of Lopez v. Gonzales,
127 S. Ct. 625 (2006).
Ramirez has been deported. He therefore would not legally
be able to attend any resentencing, as is required by FED. R.
*
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this opinion should not be published and is not precedent except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. 04-40749
-2-
CRIM. P. 43, should this court remand his case. We are unable
to grant Ramirez relief. His appeal is moot and is dismissed.
See United States v. Rosenbaum-Alanis, 483 F.3d 381, 383 (5th
Cir. 2007).
APPEAL DISMISSED.