United States v. Tung Thanh Nguyen

Case: 11-11113 Document: 00512031089 Page: 1 Date Filed: 10/24/2012 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED October 24, 2012 No. 11-11113 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. TUNG THANH NGUYEN, also known as Sammy Nguyen, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No.5:10-MJ-31-1 Before HIGGINBOTHAM, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM:* Tung Thanh Nguyen argues that the 12-month sentence of imprisonment imposed upon revocation of his term of supervised release violates Tapia v. United States, 131 S. Ct. 2382 (2011) because the sentencing court selected the sentence based on the court’s belief that Nguyen needed drug rehabilitation. Nguyen was released from prison on October 12, 2012, therefore any argument that his prison term should be reduced is moot. United States v. Rosenbaum- Alanis, 483 F.3d 381, 382 (5th Cir. 2007). DISMISSED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.