United States v. Bertha De Castorena

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 6, 2016
• Docket: 15-50686
• Status: Unpublished

Opinion

Case: 15-50686 Document: 00513579909 Page: 1 Date Filed: 07/06/2016

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

No. 15-50686 FILED July 6, 2016 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

BERTHA MORENO DE CASTORENA,

Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 2:13-CR-187-1

Before JOLLY, BENAVIDES, and CLEMENT, Circuit Judges. PER CURIAM: * Bertha Moreno de Castorena, former federal prisoner # 10226-380, appeals the district court’s denial of her 18 U.S.C. § 3582(c)(2) motion for a sentencing reduction based on Amendment 782 to the Sentencing Guidelines. On May 27, 2016, before this case was decided, Moreno de Castorena was released from federal custody. “Where a defendant has begun serving a term of supervised release, the appeal of the denial of [her] § 3582(c)(2) motion is

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-50686 Document: 00513579909 Page: 2 Date Filed: 07/06/2016

No. 15-50686

moot.” United States v. Booker, 645 F.3d 328, 328 (5th Cir. 2011). Because Moreno de Castorena’s appeal concerns only the term of her imprisonment, and makes no challenge to her term of supervised release, her arguments pertain only to relief under § 3582(c)(2). Accordingly, we conclude that Moreno de Castorena’s appeal must be DISMISSED AS MOOT.