United States v. Ayala-Flores

United States Court of Appeals Fifth Circuit F I L E D In The United States Court Of Appeals May 3, 2007 For The Fifth Circuit Charles R. Fulbruge III Clerk No. 05-40741 Summary Calendar UNITED STATES OF AMERICA, Plaintiff–Appellee, v. AQUILEO AYALA-FLORES, Defendant–Appellant. Appeal from the United States District Court For the Southern District of Texas No. 5:04-CR-2469 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before STEWART, DENNIS, and OWEN, Circuit Judges. PER CURIAM:* On January 8, 2006, the Supreme Court vacated our judgment in this case and remanded the case to this court for further consideration in light of Lopez v. Gonzales.1 The defendant has served his term of imprisonment and has been deported, but he remains subject * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 1 127 S. Ct. 625 (2006). to a term of supervised release. Our disposition of this appeal is governed by this circuit’s binding precedent in United States v. Rosenbaum-Alanis.2 Because the defendant remains subject to a term of supervised release, however, he may still seek modification of the term of supervised release under 18 U.S.C. § 3583(e), which does not require his presence. We therefore DISMISS this appeal without prejudice to the defendant’s right to seek a modification of his term of supervised release. 2 ___ F.3d ___ (5th Cir. 2007). 2