United States v. Francisco Sanchez-Villarreal

Case: 16-41119 Document: 00514217781 Page: 1 Date Filed: 10/31/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit

No. 16-41119 FILED
Summary Calendar October 31, 2017
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,

Plaintiff-Appellee

FRANCISCO JAVIER SANCHEZ-VILLARREAL,

Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:15-CR-223-1

Before DAVIS, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
Francisco Javier Sanchez-Villarreal appeals the district court’s denial of
his 18 U.S.C. § 3582(c)(2) motion to reduce his sentence of 155 months of
imprisonment, imposed following his conviction of possession with intent to
distribute five kilograms or more of cocaine. He sought a sentence reduction
based on Johnson v. United States, 135 S. Ct. 2551 (2015), and Welch v. United
States, 136 S. Ct. 1257 (2016). On May 23, 2017, this court issued its opinion

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-41119 Document: 00514217781 Page: 2 Date Filed: 10/31/2017

No. 16-41119

in Sanchez-Villarreal’s direct appeal of the district court’s judgment of
conviction and sentence. United States v. Sanchez-Villarreal, 857 F.3d 714
(5th Cir. 2017). This court vacated Sanchez-Villarreal’s 155-month sentence
and remanded the matter for resentencing. Id. at 722-23.
Because the § 3582(c)(2) motion related solely to the 155-month sentence
imposed pursuant to the district court’s judgment of October 19, 2015 (which
has now been vacated), Sanchez-Villarreal’s appeal must be DISMISSED as
moot. Sanchez-Villarreal’s motion for leave to proceed in forma pauperis on
appeal and his motion for the appointment of counsel are DENIED as
unnecessary.