Filed: Dec. 17, 2002
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-41361 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus EFRAIN JACOME-LOPEZ, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. L-01-CR-747-ALL - December 16, 2002 Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges. PER CURIAM:* Efrain Jacome-Lopez (Jacome) appeals the sentence imposed following his guilty plea conviction of illegal entry in vio
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-41361 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus EFRAIN JACOME-LOPEZ, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. L-01-CR-747-ALL - December 16, 2002 Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges. PER CURIAM:* Efrain Jacome-Lopez (Jacome) appeals the sentence imposed following his guilty plea conviction of illegal entry in viol..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-41361
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EFRAIN JACOME-LOPEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-01-CR-747-ALL
--------------------
December 16, 2002
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Efrain Jacome-Lopez (Jacome) appeals the sentence imposed
following his guilty plea conviction of illegal entry in
violation of 18 U.S.C. § 1325. Because Jacome did not object to
his sentence in the district court, this court reviews for plain
error. United States v. Rodriguez,
15 F.3d 408, 414 (5th Cir.
1994).
*
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that this opinion should not be published and is not precedent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.
No. 01-41361
-2-
In reply to the government’s argument, Jacome asserts that
the appeal is not moot. However, he has completed his term of
incarceration and all that remains of his sentence is a term of
supervised release; this court cannot shorten the term of
supervised release to compensate for any excess prison time
served. See 18 U.S.C. § 3624(e); United States v. Johnson,
529
U.S. 53, 54, 56-57 (2000). Additionally, supervised release is
discretionary if the sentence was less than one year. Thus, the
appeal is moot.
On the merits, Jacome argues that the district court
committed plain error by considering his religious and political
beliefs in imposing the sentence. Even if the appeal were not
moot, Jacome has not established the criteria for plain error.
See, e.g., United States v. Reyes,
300 F.3d 555, 558 (5th Cir.
2002).
AFFIRMED.