USA v. Gilberto Gomez, No. 17-10690 (5th Cir. 2018)

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This opinion or order relates to an opinion or order originally issued on September 26, 2018.

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Case: 17-10690 Document: 00514751790 Page: 1 Date Filed: 12/07/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-10690 United States Court of Appeals Fifth Circuit FILED December 7, 2018 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff - Appellee v. GILBERTO GOMEZ, Defendant - Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:16-CR-119-2 Before DAVIS, JONES, and ENGELHARDT, Circuit Judges. W. EUGENE DAVIS:* Pursuant to this court’s opinion of September 26, 2018, the district court conducted a re-sentencing hearing of Defendant Gilberto Gomez on November 26, 2018. The district court reduced the original sentence from 652 to 480 months. Because the district court amended its sentence, we need not address whether the original sentence is substantively reasonable, which is the only remaining issue. Accordingly, we hereby dismiss this appeal as moot. This 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-10690 Document: 00514751790 Page: 2 Date Filed: 12/07/2018 No. 17-10690 dismissal has no bearing on Defendant’s right to file a new appeal as to the district court’s amended judgment. DISMISSED AS MOOT. 2