United States v. Umana-Garcia

Opinion

Case: 23-10716 Document: 93-1 Page: 1 Date Filed: 07/08/2024

United States Court of Appeals for the Fifth Circuit

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United States Court of Appeals Fifth Circuit

No. 23-10716 ____________ FILED July 8, 2024

United States of America, Lyle W. Cayce Clerk

Plaintiff—Appellee,

versus

Melvin Umana-Garcia,

Defendant—Appellant.

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Appeal from the United States District Court for the Northern District of Texas USDC No. 3:22-CR-318-1

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Before Haynes, Willett, and Oldham, Circuit Judges. Per Curiam: * Melvin Umana-Garcia pleaded guilty to illegal reentry after removal from the United States. He appeals his sentence, arguing that he should not have received a 10-level enhancement based on his two previous felony convictions.

“Whether an appeal is moot is a jurisdictional matter, since it implicates the Article III requirement that there be a live case or

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*

This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-10716 Document: 93-1 Page: 2 Date Filed: 07/08/2024

No. 23-10716

controversy.” United States v. Heredia-Holguin, 823 F.3d 337, 340 (5th Cir. 2016) (en banc) (citation omitted). “We review the question of mootness de novo, raising the issue sua sponte if necessary.” Velasquez-Castillo v. Garland, 91 F.4th 358, 362 (5th Cir. 2024) (citation omitted).

While his appeal was pending, Umana-Garcia was released from prison. And because the district court did not impose any term of supervised release, there is no relief this court could grant should Umana-Garcia prevail. See United States v. Vega, 960 F.3d 669, 672 (5th Cir. 2020) (“A case becomes moot only when it is impossible for a court to grant any effectual relief whatever to the prevailing party.” (citation omitted)); Herndon v. Upton, 985 F.3d 443, 448 (5th Cir. 2021) (“[A]n appeal of a district court’s order is not mooted by a prisoner’s release from custody so long as that court has authority to modify an ongoing term of supervised release.”).

Accordingly, the appeal is DISMISSED AS MOOT.