IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 05-40153 F I L E D
Summary Calendar September 21, 2007
Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
NOE SIFUENTES-FLORES, also known as Carlos Solares-Hernandez
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:04-CR-102-ALL
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before BARKSDALE, STEWART, and CLEMENT, Circuit Judges.
PER CURIAM:*
This court affirmed the sentence of Noe Sifuentes-Flores (Sifuentes).
United States v. Sifuentes-Flores, 145 F. App'x 497, 498 (5th Cir. 2005). The
Supreme Court vacated and remanded for further consideration in light of Lopez
v. Gonzales, 127 S. Ct. 625 (2006).
*
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should not be published and is not precedent except under the limited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.
No. 05-40153
Sifuentes has been deported. He therefore would not legally be able to
attend any resentencing, as is required by FED. R. CRIM. P. 43, should this court
remand his case. We are unable to grant Sifuentes relief. His appeal is moot
and is dismissed. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 382-83
(5th Cir. 2007), petition for cert. filed (June 25, 2007) (No. 06-12082).
APPEAL DISMISSED.
2