United States v. De Leon-Hernandez

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 04-20918 FILED
Summary Calendar August 31, 2007
Charles R. Fulbruge III
UNITED STATES OF AMERICA Clerk
Plaintiff-Appellee
v.
JOSE DE LEON-HERNANDEZ
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:03-CR-468-2
Before JONES, Chief Judge, and HIGGINBOTHAM and OWEN, Circuit Judges.
PER CURIAM:*
Jose De Leon-Hernandez appeals the sentences imposed following his
guilty-plea convictions for harboring undocumented aliens in violation of
8 U.S.C. § 1324(a)(1)(A)(iii), (a)(1)(A)(v)(ii), and (a)(1)(B)(I). He argues that his
sentence should be vacated and the case should be remanded for resentencing
because it is unclear whether he was sentenced pursuant to an advisory
guidelines scheme or a mandatory guidelines scheme in violation of United
States v. Booker, 543 U.S. 220 (2005).
*
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should not be published and is not precedent except under the limited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. 04-20918
De Leon-Hernandez has been released from prison and removed from the
United States. Because De Leon-Hernandez is barred from returning to the
United States and there is no indication that he has waived his right to be
present for resentencing, his challenge to the validity of his sentence is moot.
See United States v. Rosenbaum-Alanis, 483 F.3d 381, 382-83 (5th Cir. 2007).
APPEAL DISMISSED.
2