United States v. Aldana-Sanabria

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.

--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:04-CR-846
--------------------

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this opinion should not be published and is not precedent except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.

1
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

2
conviction; Mr. Aldana’s arguments in that regard remain

foreclosed by Almendarez-Torres v. United States, 523

U.S. 224 (1998).

3