United States v. Martin Hillerio-Miranda

• Court: Court of Appeals for the Eleventh Circuit
• Decided: December 13, 2017
• Docket: 17-12186
• Status: Unpublished

Opinion

Case: 17-12186 Date Filed: 12/13/2017 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________

No. 17-12186 Non-Argument Calendar ________________________

D.C. Docket No. 1:16-cr-20867-JAL-1

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

MARTIN HILLERIO-MIRANDA, a.k.a. Martin Hillera,

Defendant - Appellant.

________________________

Appeals from the United States District Court for the Southern District of Florida ________________________

(December 13, 2017)

Before WILLIAM PRYOR, JORDAN, and ANDERSON, Circuit Judges.

PER CURIAM:

Martin Hillerio-Miranda pled guilty to one count of unlawful entry into the

United States after having been previously removed in violation of 8 U.S.C. Case: 17-12186 Date Filed: 12/13/2017 Page: 2 of 2

§ 1326(a) and (b)(1). The district court sentenced Mr. Hillerio-Miranda to 18

months’ imprisonment—the lowest possible sentence in the advisory Sentencing

Guidelines range—and a supervised release term of three years.

Mr. Hillerio-Miranda argues on appeal that his custodial sentence is substantively

unreasonable.

Mr. Hillerio-Miranda did not move to expedite his appeal, and Bureau of

Prisons records show that he was released from prison on November 3, 2017.

Because Mr. Hillerio-Miranda only contests his custodial sentence, we conclude

that his appeal is moot because we cannot grant any effective relief. See United

States v. Farmer, 923 F.2d 1557, 1568 (11th Cir. 1991).

APPEAL DISMISSED AS MOOT.