USA v. Rodriguez-De Leon, No. 07-50347 (5th Cir. 2008)

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED January 30, 2008 No. 07-50347 Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. NABOR RODRIGUEZ-DE LEON Defendant-Appellant Appeal from the United States District Court For The Western District of Texas, El Paso USDC No. 3:06-CR-2234-ALL Before JONES, Chief Judge, and HIGGINBOTHAM and CLEMENT, Circuit Judges. PER CURIAM:* This is an appeal raising the sole question whether appellant s illegal reentry sentence was improperly enhanced by the court s deeming his prior Colorado drug possession conviction a crime of violence . According to the Bureau of Prisons website, appellant is scheduled to complete his term of imprisonment on January 21, 2008. Because his release is imminent or has * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-50347 occurred, this court cannot usefully grant the only relief to which appellant would have been entitled: re-sentencing. Because no effective judicial remedy exists, we must DISMISS this appeal as MOOT. DISMISSED. 2

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