USA v. Constantino Gamez-Teneria, No. 12-40777 (5th Cir. 2014)

Annotate this Case

Download PDF

Case: 12-40777 Document: 00512539366 Page: 1 Date Filed: 02/20/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 12-40777 Summary Calendar FILED February 20, 2014 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff - Appellee v. CONSTANTINO GAMEZ-TENERIA, also known as Constantino GamezMartinez, Defendant - Appellant Appeals from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-143-1 Before JONES, BARKSDALE, and HAYNES, Circuit Judges. PER CURIAM: * Constantino Gamez-Teneria pleaded guilty to being unlawfully present in the United States following removal. The district court sentenced Gamez to 27-months imprisonment, less 190 days of credit for state custody, and did not impose a supervised-release term. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40777 Document: 00512539366 Page: 2 Date Filed: 02/20/2014 No. 12-40777 For his only issue on appeal, Gamez contends the court erred in concluding his Illinois involuntary-manslaughter conviction warranted a 12level enhancement under Sentencing Guideline § 2L1.2(b)(1)(A)(ii) (unlawfully entering or remaining in United States after felony conviction for crime of violence). Because Gamez has been released from prison and removed from the United States (24 June 2013), his appeal is moot. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 383 (5th Cir. 2007). DISMISSED. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.