United States v. Ronald Mejia-Hernandez

Case: 15-50611 Document: 00513652269 Page: 1 Date Filed: 08/25/2016

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-50611 FILED
August 25, 2016
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,

Plaintiff–Appellee,

versus

RONALD MEJIA-HERNANDEZ,

Defendant–Appellant.

Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:15-CR-68-1

Before SMITH, WIENER, and GRAVES, Circuit Judges.
PER CURIAM: *

The issue on appeal is whether 18 U.S.C. § 16(b) is unconstitutionally
vague under Johnson v. United States, 135 S. Ct. 2551 (2015). This matter was

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-50611 Document: 00513652269 Page: 2 Date Filed: 08/25/2016

No. 15-50611

put on hold awaiting a decision in No. 15-40041. That appeal has now been
decided. See United States v. Gonzalez-Longoria, 2016 U.S. App. LEXIS 14460
(5th Cir. Aug. 5, 2016) (en banc) (holding against vagueness).

The parties have filed, at the court’s request, letter briefs addressing the
proper disposition. The appellant’s attorney, the Federal Public Defender,
advises that the case is moot, irrespective of the opinion in Gonzalez-Longoria,
because the appellant has completed his term of imprisonment, has been
released from federal custody, and presumably has been deported, and he did
not challenge the unexpired period of supervised release. See United States v.
Heredia-Holguin, 823 F.3d 337, 343 n.3 (5th Cir. 2016) (en banc). The govern-
ment urges affirmance or, in the alternative, dismissal for mootness.

The appeal is DISMISSED as moot.