Case: 17-50248 Document: 00514373975 Page: 1 Date Filed: 03/06/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 17-50248 United States Court of Appeals
Summary Calendar
Fifth Circuit
FILED
March 6, 2018
UNITED STATES OF AMERICA, Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
BERNARDINO MEJIA-MEJIA,
Defendant-Appellant
_________________________________________
consolidated with No. 17-50249
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
BERNARDINO MEJIA,
Defendant-Appellant
Appeals from the United States District Court
for the Western District of Texas
USDC No. 2:14-CR-1080-1
USDC No. 2:16-CR-1250-1
Case: 17-50248 Document: 00514373975 Page: 2 Date Filed: 03/06/2018
No. 17-50248
c/w No. 17-50249
Before REAVLEY, PRADO, and GRAVES, Circuit Judges.
PER CURIAM: *
In this consolidated appeal, Bernardino Mejia-Mejia appeals the
sentences imposed following the revocation of his term of supervised release
and his new conviction of illegal reentry. Mejia-Mejia was released from prison
on November 17, 2017. The Federal Public Defender has filed a motion to
withdraw and a brief in accordance with Anders v. California, 386 U.S. 738
(1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Mejia-Mejia
has not filed a response.
This court should always be cognizant of jurisdiction and should examine
the issue sua sponte if needed. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir.
1987). Mejia-Mejia’s release from prison moots his appeal in No. 17-50248.
See United States v. Heredia-Holguin, 823 F.3d 337, 340 (5th Cir. 2016) (en
banc). Accordingly, the appeal in No. 17-50248 is DISMISSED AS MOOT.
Counsel’s motion to withdraw in No. 17-50248 DENIED AS UNNECESSARY.
Mejia-Mejia’s release from prison does not moot his appeal in No. 17-
50249. See United States v. Lares-Meraz, 452 F.3d 352, 355 (5th Cir. 2006).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein. We concur with counsel’s assessment that the appeal
presents no nonfrivolous issue for appellate review. Accordingly, counsel’s
motion for leave to withdraw in No. 17-50249 is GRANTED, counsel is excused
from further responsibilities herein, and the appeal in No. 17-50249 is
DISMISSED AS FRIVOLOUS. See 5TH CIR. R. 42.2.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
2