USA v. Ernesto Diaz-Parraguirre, Jr., No. 10-60295 (5th Cir. 2010)

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Case: 10-60295 Document: 00511277301 Page: 1 Date Filed: 10/28/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-60295 Summary Calendar October 28, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ERNESTO RAFEAL DIAZ-PARRAGUIRRE, JR., Defendant-Appellant Appeal from the United States District Court for the Northern District of Mississippi USDC No. 1:09-CR-153-1 Before WIENER, PRADO, and OWEN, Circuit Judges. PER CURIAM:* Defendant-Appellant Ernesto Rafeal Diaz-Parraguirre, Jr. (Diaz), a Mexican national, appeals the nine-month sentence he received following his guilty-plea conviction for being found unlawfully in the United States after having been previously deported, in violation of 8 U.S.C. § 1326. He contends that his sentence is unreasonable and that the district court violated Federal Rule of Criminal Procedure 32 by failing to allow him or his counsel to provide information relevant to the mitigation of his sentence. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-60295 Document: 00511277301 Page: 2 Date Filed: 10/28/2010 No. 10-60295 Diaz has completed his sentence, has been released from custody, and has been removed to Mexico. The appeal of his sentence is therefore moot. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 383 (5th Cir. 2007). Accordingly, the appeal is DISMISSED. 2

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