United States v. Lopez-Moya

* 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 R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-20044
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-
Appellee,
versus
JESUS LOPEZ-MOYA,
Defendant-
Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:04-CR-382-2
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Before BARKSDALE, STEWART and CLEMENT, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Jesus Lopez-Moya (Lopez) moves to withdraw as
counsel and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967). Our
independent review of the record reveals a potentially nonfrivolous sentencing issue involving the use
United States Court of Appeals
Fifth Circuit
F I L E D
April 6, 2006
Charles R. Fulbruge III
Clerk

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of judge-found facts to enhance a sentence prior to United States v. Booker, 543 U.S. 220 (2005).
Lopez completed his term of imprisonment on November 10, 2005, and was deported from
the United States. If this court were to order that Lopez be resentenced in light of Booker, Lopez
would have to appear before the district court. However, it is illegal for Lopez, as someone who has
been deported from the United States, to reenter the United States without the permission of the
Attorney General of the United States. 8 U.S.C. § 1326(a). Thus, even if we were to decide that
Lopez was improperly sentenced under Booker, that he may not reenter the United States for
resentencing means there is no relief we can grant him.
As there is no relief we can grant Lopez, his appeal is moot. United States v. Clark, 193 F.3d
845, 847-48 (5th Cir. 1999). Accordingly, this appeal is DISMISSED as moot.

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