United States v. Daniel Ramos

Case: 13-40726 Document: 00513082016 Page: 1 Date Filed: 06/17/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-40726 Summary Calendar United States Court of Appeals Fifth Circuit FILED June 17, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. DANIEL RAMOS, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:12-CR-895-2 Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges. STEPHEN A. HIGGINSON, Circuit Judge: * Daniel Ramos appeals the six-month term of imprisonment that the district court imposed upon revocation of his term of probation following his conviction for aiding and abetting the unlawful transportation of an unlawful alien. He argues that the district court committed reversible plain error by failing to adequately consider the applicable guidelines range and failing to * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40726 Document: 00513082016 Page: 2 Date Filed: 06/17/2015 No. 13-40726 consider the relevant sentencing factors in 18 U.S.C. § 3553(a). The Government argues that the appeal is moot. Because Ramos has completed the six-month term of imprisonment, has no further term of supervised release, and has no payments to make, this court is unable to grant him any relief on his sentence. Thus, his sentencing appeal is moot. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 383 (5th Cir. 2007). The appeal is therefore DISMISSED as moot. 2