Filed: Jul. 16, 2019
Latest Update: Mar. 03, 2020
Summary: Case: 18-50032 Document: 00515035857 Page: 1 Date Filed: 07/16/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-50032 FILED Summary Calendar July 16, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff - Appellee v. JASON RAY MARMINO, Defendant - Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 6:16-CV-190 Before KING, SOUTHWICK, and ENGELHARDT, Circuit Judges. PER CURIAM
Summary: Case: 18-50032 Document: 00515035857 Page: 1 Date Filed: 07/16/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-50032 FILED Summary Calendar July 16, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff - Appellee v. JASON RAY MARMINO, Defendant - Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 6:16-CV-190 Before KING, SOUTHWICK, and ENGELHARDT, Circuit Judges. PER CURIAM:..
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Case: 18-50032 Document: 00515035857 Page: 1 Date Filed: 07/16/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 18-50032 FILED
Summary Calendar July 16, 2019
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff - Appellee
v.
JASON RAY MARMINO,
Defendant - Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:16-CV-190
Before KING, SOUTHWICK, and ENGELHARDT, Circuit Judges.
PER CURIAM:*
Jason Ray Marmino appeals the district court’s denial of his 28 U.S.C.
§ 2255 motion, in which he argued that his term of imprisonment was
unconstitutional. While this appeal was pending, Marmino completed his term
of imprisonment. His attorney has filed a letter advising the court that the case
is now moot. We agree. Marmino’s appeal only challenged his term of
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 18-50032 Document: 00515035857 Page: 2 Date Filed: 07/16/2019
No. 18-50032
imprisonment. He did not challenge any other aspect of his sentence. Because
Marmino has been released from prison, we cannot grant him any relief. See
United States v. Bacio-Gonzales, 713 F. App’x 357, 358 (5th Cir. 2018)
(unpublished).
Accordingly, this appeal is DISMISSED as moot.
2