United States v. Laura Barrientos

• Court: Court of Appeals for the Fifth Circuit
• Decided: November 7, 2016
• Docket: 16-50248
• Status: Unpublished

Opinion

Case: 16-50248 Document: 00513748892 Page: 1 Date Filed: 11/07/2016

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

No. 16-50248 FILED Summary Calendar November 7, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

LAURA BARRIENTOS,

Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 2:12-CR-1117-1

Before KING, DENNIS, and COSTA, Circuit Judges. PER CURIAM: * Laura Barrientos, former federal prisoner # 09191-180, appeals the district court’s denial of her 18 U.S.C. § 3582(c)(2) motion for a sentence reduction based on Amendment 782 to the Sentencing Guidelines. On June 27, 2016, before this case was decided, Barrientos was released from federal custody. “Where a defendant has begun serving a term of supervised release, the appeal of the denial of [the] § 3582(c)(2) motion is moot.” United States v.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-50248 Document: 00513748892 Page: 2 Date Filed: 11/07/2016

No. 16-50248

Booker, 645 F.3d 328, 328 (5th Cir. 2011). Because this appeal concerns only the denial of Barrientos’s § 3582(c)(2) motion and does not involve issues pertaining to her term of supervised release, we conclude that Barrientos’s appeal must be DISMISSED AS MOOT.