United States v. Jason Marmino

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 16, 2019
• Docket: 18-50032
• Status: Unpublished

Opinion

Case: 18-50032 Document: 00515035857 Page: 1 Date Filed: 07/16/2019

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

No. 18-50032 FILED Summary Calendar July 16, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA,

Plaintiff - Appellee

v.

JASON RAY MARMINO,

Defendant - Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 6:16-CV-190

Before KING, SOUTHWICK, and ENGELHARDT, Circuit Judges. PER CURIAM:* Jason Ray Marmino appeals the district court’s denial of his 28 U.S.C. § 2255 motion, in which he argued that his term of imprisonment was unconstitutional. While this appeal was pending, Marmino completed his term of imprisonment. His attorney has filed a letter advising the court that the case is now moot. We agree. Marmino’s appeal only challenged his term of

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-50032 Document: 00515035857 Page: 2 Date Filed: 07/16/2019

No. 18-50032 imprisonment. He did not challenge any other aspect of his sentence. Because Marmino has been released from prison, we cannot grant him any relief. See United States v. Bacio-Gonzales, 713 F. App’x 357, 358 (5th Cir. 2018) (unpublished). Accordingly, this appeal is DISMISSED as moot.