United States v. Heredia-Holguin, No. 14-10846 (5th Cir. 2015)
Annotate this CaseDefendant pleaded guilty to illegal reentry following a previous deportation and was sentenced to 12 months' imprisonment, as well as a three-year term of supervised release. Since filing this appeal, defendant has completed his term of imprisonment, been released from custody, and been removed to Mexico. Defendant appealed and requested that the court vacate his remaining term of supervised release. The court declined to exercise its equitable discretion to vacate defendant’s term of supervised release in light of the ongoing deterrent effect of the term of supervised release, as well as defendant's failure to object to the imposition of supervised release in the district court in the first instance. Accordingly, the court dismissed the appeal and denied the request to vacate.
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