Case: 09-51099 Document: 00511221686 Page: 1 Date Filed: 09/01/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
September 1, 2010
No. 09-51099
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
MARCO ANTONIO MARTINEZ-PUENTE,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:09-CR-1842-1
Before GARWOOD, DAVIS, and OWEN, Circuit Judges.
PER CURIAM:*
Marco Antonio Martinez-Puente pled guilty to illegal reentry after
deportation. He was sentenced to 12 months of imprisonment, to be followed by
one year of non-reporting supervised release. On appeal, Martinez-Puente
argues only that his sentence is unreasonable because it is greater than
necessary to accomplish the goals of sentencing under 18 U.S.C. § 3553(a).
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-51099 Document: 00511221686 Page: 2 Date Filed: 09/01/2010
No. 09-51099
We do not reach the merits of the issue that he presents. Because
Martinez-Puente has prior to this date been released from federal custody and
removed from the United States, he is subject only to an undischarged term of
supervised release. We cannot grant what he requests because resentencing
would require Martinez-Puente to be present at a hearing to consider a new
sentence; his deportation creates a legal bar to such an appearance. United
States v. Rosenbaum-Alanis, 483 F.3d 381, 383 (5th Cir. 2007). This appeal
therefore has become moot.
The appeal is DISMISSED.
2