IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
January 30, 2008
No. 07-50347 Charles R. Fulbruge III
Summary Calendar Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
NABOR RODRIGUEZ-DE LEON
Defendant-Appellant
Appeal from the United States District Court
For The Western District of Texas, El Paso
USDC No. 3:06-CR-2234-ALL
Before JONES, Chief Judge, and HIGGINBOTHAM and CLEMENT, Circuit
Judges.
PER CURIAM:*
This is an appeal raising the sole question whether appellant’s illegal
reentry sentence was improperly enhanced by the court’s deeming his prior
Colorado drug possession conviction “a crime of violence”. According to the
Bureau of Prisons website, appellant is scheduled to complete his term of
imprisonment on January 21, 2008. Because his release is imminent or has
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-50347
occurred, this court cannot usefully grant the only relief to which appellant
would have been entitled: re-sentencing.
Because no effective judicial remedy exists, we must DISMISS this appeal
as MOOT.
DISMISSED.
2