Case: 10-50774 Document: 00511773450 Page: 1 Date Filed: 03/01/2012
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals
March 1, 2012
Summary Calendar Lyle W. Cayce
UNITED STATES OF AMERICA,
Appeal from the United States District Court for the Western District of Texas
USDC No. 2:09-CR-1357-1
Before BENAVIDES, STEWART, and HIGGINSON, Circuit Judges.
Martimiano Cayetano-Gaspar 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 sentence is substantively unreasonable
because it is greater than necessary to accomplish the sentencing goals set forth
in 18 U.S.C. § 3553(a). The Government has moved for summary affirmance or,
in the alternative, for an extension of time in which to file an appellate brief.
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-50774 Document: 00511773450 Page: 2 Date Filed: 03/01/2012
Cayetano-Gaspar has completed his sentence, 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
, 383 (5th
Cir. 2007). Accordingly, the appeal is DISMISSED. The Government's motions
for summary affirmance and for an extension of time are DENIED as moot.
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