United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
July 2, 2007
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 05-40668
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE ALFREDO ALDANA-SANABRIA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:04-CR-846
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ON REMAND FROM
THE SUPREME COURT OF THE UNITED STATES
Before GARZA, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Mr. Aldana-Sanabria pleaded guilty to the charge of
attempted illegal re-entry in violation of 8 U.S.C. §
*
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this opinion should not be published and is not precedent except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.
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1326 and was sentenced to 15 months of imprisonment,
followed by three years of supervised relief. We
previously affirmed his sentence. United States v.
Aldana-Sanabria, 169 Fed. Appx. 197 (5th Cir. 2006). The
Supreme Court has vacated and remanded the case for
reconsideration in light of Lopez v. Gonzalez, 127 S.Ct.
625 (2006). Gutierrez-Tovar et al. v. United States, 127
S.Ct. 828 (2006). Following the Supreme Court's remand,
we requested and received supplemental letter briefs from
both parties regarding the impact of Lopez.
Mr. Aldana has since completed his term of
imprisonment and has been deported. His appeal is moot,
according to binding circuit precedent. United States v.
Rosenbaum-Alanis, 483 F.3d 381, 383 (5th Cir. 2007)
(“Because the defendant has been deported . . . and is
legally unable, without permission of the Attorney
General, to reenter the United States to be present for
a resentencing proceeding as required by Rule 43, there
is no relief we are able to grant him and his appeal is
moot.”). We therefore DISMISS the appeal as to the
judgment of sentence. We AFFIRM the judgment of
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conviction; Mr. Aldana’s arguments in that regard remain
foreclosed by Almendarez-Torres v. United States, 523
U.S. 224 (1998).
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