IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 21, 2008
No. 07-50707
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JOSE CARDONA-RAMIREZ, also known as Martin Lopez-Munoz
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:07-CR-00046
Before STEWART, OWEN, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
The sole question raised in this appeal is whether Defendant-Appellant
Jose Cardona-Ramirez’s illegal reentry sentence was improperly enhanced by
eight levels on the ground that his prior California possession conviction
amounted to an aggravated felony. According to the Bureau of Prisons website,
Cardona-Ramirez is scheduled to complete his term of imprisonment April 14,
2008. Because his release is imminent, this Court cannot usefully grant the only
relief to which Appellant would have been entitled: re-sentencing.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-50707
Because no effective judicial remedy exists, we must DISMISS this appeal
as MOOT.
2