United States v. Bernardino Mejia-Mejia

713 F. App'x 421

• Court: Court of Appeals for the Fifth Circuit
• Decided: March 6, 2018
• Docket: 17-50248 Summary Calendar consolidated with 17-50249
• Status: Unpublished

Opinion

PER CURIAM: *

In this consolidated appeal, Bernardino Mejia-Mejia appeals the sentences imposed following the revocation of his term of supervised release and his new conviction of illegal reentry. Mejia-Mejia was released from prison on November 17, 2017. The Federal Public Defender has filed a motion to withdraw and a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (6th Cir. 2011). Mejia-Mejia has not filed a response.

This court should always be cognizant of jurisdiction and should examine the issue sua sponte if needed. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). Mejia-Mejia’s release from prison moots his appeal in No. 17-50248. See United States v. Heredia-Holguin, 823 F.3d 337, 340 (5th Cir. 2016) (en banc). Accordingly, the appeal in No. 17-50248 is DISMISSED AS MOOT. Counsel’s motion to withdraw in No. 17-50248 DENIED AS UNNECESSARY.

Mejia-Mejia’s release from prison does not moot his appeal in No. 17-50249. See United States v. Lares-Meraz, 452 F.3d 352, 355 (5th Cir. 2006). We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw in No. 17-50249 is GRANTED, counsel is excused from further responsibilities herein, and the appeal in No. 17-50249 is DISMISSED AS FRIVOLOUS. See 5th Cir. R. 42.2.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.