DocketNumber： 10-1281
Judges： Per Curiam
Filed Date： 9/10/2010
Status： Non-Precedential
Modified Date： 4/17/2021
NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted August 24, 2010 Decided September 10, 2010 Before RICHARD A. POSNER, Circuit Judge ANN CLAIRE WILLIAMS, Circuit Judge JOHN DANIEL TINDER, Circuit Judge No. 10‐1281 UNITED STATES OF AMERICA, Appeal from the United States Plaintiff‐Appellee, District Court for the Eastern District of Wisconsin v. No. 2:99‐cr‐00211‐LA‐1 YOGESH SHAH, Defendant‐Appellant. Lynn Adelman, Judge. O R D E R After we reversed the judgment with instructions to resentence,559 F.3d 643
(7th Cir. 2009), the defendant was resentenced, and again appealed. His lawyer has filed an Anders brief and moved to dismiss the appeal as frivolous; he has responded. On remand the judge had imposed a below‐guidelines sentence of 108 months, the practical equivalent of time served. The defendant has been released from custody and removed to India. His convictions, which are not at issue, render him inadmissible to the United States; he has served his prison sentence; and the amount he has been ordered to pay in restitution is uncollectable. Even if the appeal is not moot, it is entirely frivolous, as explained in great and lucid detail in the Anders brief filed by the federal defender. The motion is granted and the appeal DISMISSED.