United States v. Colatos-Rivas

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
June 8, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-20366
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RAMON ARTURO COLATOS-RIVAS, also known as Ramon Rivas Colatos-
Rivas, also known as Ramon Rivas,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:03-CR-441-1
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ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*
This court affirmed the conviction and sentence of Ramon
Arturo Colatos-Rivas (Colatos). United States v. Colatos-Rivas,
146 F. App’x 723 (5th Cir. 2005). The Supreme Court vacated and
remanded for further consideration in light of Lopez v. Gonzales,
127 S. Ct. 625 (2006).
Colatos has been deported. He therefore would not legally
be able to attend any resentencing, as is required by FED. R.

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No. 04-20366
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CRIM. P. 43, should this court remand his case. We are unable to
grant Colatos relief. His appeal is moot and is dismissed. See
United States v. Rosenbaum-Alanis,__ F.3d __, No. 05-41400, 2007
WL 926832, at **1-2 (5th Cir.
Mar. 29, 2007).
APPEAL DISMISSED.

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