United States v. Martimiano Cayetano-Gaspar
Appeal Court of Appeals for the Fifth Circuit, Case No. 10-50774

Tags No tags have been applied so far. Sign in to add some.
Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

  Text Tab Overlap Citations (363) Tab Overlap Cited By (1) Right End
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
Fifth Circuit
FILED
March 1, 2012
No. 10-50774
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v. MARTIMIANO CAYETANO-GASPAR,
Defendant-Appellant
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. PER CURIAM:*

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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
No. 10-50774

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.

[End Page 2]

Statistics

This case has been viewed 185 times.

No comments have been added yet. Sign in to post a comment.
Space
Issues Laws Cases Pro Articles Firms Entities
Issues Laws Cases Pro Articles Firms Entities
 
PlainSite
Sign Up
Need Password Help?