Case: 17-10090 Document: 00514198126 Page: 1 Date Filed: 10/17/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-10090 FILED
Summary Calendar October 17, 2017
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
BENJAMIN EMIGDIO JIMENEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:16-CR-222-1
Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
PER CURIAM: *
Benjamin Emigdio Jimenez pleaded guilty to possession of a firearm by
a felon and was sentenced to 44 months of imprisonment and three years of
supervised release. On appeal, he argues that the district court misapplied
U.S.S.G. § 5G1.3 when it ordered his federal sentence to run consecutively to
a not-yet-imposed sentence in a then-pending state prosecution for possession
of marijuana. Counsel for Jimenez has since provided documentation
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 17-10090 Document: 00514198126 Page: 2 Date Filed: 10/17/2017
No. 17-10090
establishing that the pending marijuana charge has been dismissed on the
State’s motion. Because Jimenez’s challenge has been rendered moot, the
appeal is DISMISSED. See Church of Scientology of Cal. v. United States, 506
U.S. 9, 12 (1992).
2