USA v. Luis Guzman Gallegos, No. 17-20810 (5th Cir. 2018)

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Case: 17-20810 Document: 00514689684 Page: 1 Date Filed: 10/19/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-20810 Summary Calendar United States Court of Appeals Fifth Circuit FILED October 19, 2018 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. LUIS MIGUEL GUZMAN GALLEGOS, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:17-CR-490-1 Before JOLLY, COSTA, and HO, Circuit Judges. PER CURIAM: * Luis Miguel Guzman Gallegos argues that the written judgment should be corrected pursuant to Federal Rule of Criminal Procedure 36 to reflect that the $100 special assessment was remitted on the Government’s motion. However, on March 15, 2018, after Gallegos filed his notice of appeal but before he filed his appellate brief, the district court entered an amended written judgment correcting such error. Because the district court has already 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-20810 Document: 00514689684 Page: 2 Date Filed: 10/19/2018 No. 17-20810 granted the only relief sought by Gallegos, his appeal is moot, and this court lacks jurisdiction over it. See United States v. Heredia-Holguin, 823 F.3d 337, 340 (5th Cir. 2016) (en banc). DISMISSED AS MOOT. 2