United States v. Reyes-Jasso

145 F. App'x 846

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 21, 2005
• Docket: 04-40167
• Status: Unpublished

Opinion

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM: *

The Supreme Court vacated the judgment in this case and remanded it to this Court to reconsider in light of United States v. Booker, 543 U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Subsequently, we requested letter briefs from the parties with respect to Booker issues. In his letter brief, Appellant Juan Francisco Reyes-Jasso advised this Court that pursuant to our original panel opinion, see United States v. Reyes-Jasso, 111 Fed.Appx. 778, 778-79 (5th Cir.2004), Appellant already has been resentenced by the district court in a post-Booker proceeding on March 9, 2005. Accordingly, Appellant contends that resentencing in light of Booker would be moot in this case. We agree.

Since the only matter presently before this Court is the impact of Booker on Appellant’s appeal, and that issue is moot, we dismiss this appeal as moot.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.