Case: 10-60295 Document: 00511277301 Page: 1 Date Filed: 10/28/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 28, 2010
No. 10-60295
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ERNESTO RAFEAL DIAZ-PARRAGUIRRE, JR.,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 1:09-CR-153-1
Before WIENER, PRADO, and OWEN, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Ernesto Rafeal Diaz-Parraguirre, Jr. (Diaz), a
Mexican national, appeals the nine-month sentence he received following his
guilty-plea conviction for being found unlawfully in the United States after
having been previously deported, in violation of 8 U.S.C. § 1326. He contends
that his sentence is unreasonable and that the district court violated Federal
Rule of Criminal Procedure 32 by failing to allow him or his counsel to provide
information relevant to the mitigation of his sentence.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-60295 Document: 00511277301 Page: 2 Date Filed: 10/28/2010
No. 10-60295
Diaz has completed his sentence, has been released from custody, and has
been removed to Mexico. The appeal of his sentence is therefore moot. See
United States v. Rosenbaum-Alanis, 483 F.3d 381, 383 (5th Cir. 2007).
Accordingly, the appeal is DISMISSED.
2