Filed: Feb. 20, 2014
Latest Update: Mar. 02, 2020
Summary: Case: 12-40777 Document: 00512539366 Page: 1 Date Filed: 02/20/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 12-40777 February 20, 2014 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff - Appellee v. CONSTANTINO GAMEZ-TENERIA, also known as Constantino Gamez- Martinez, Defendant - Appellant Appeals from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-143-1 Before
Summary: Case: 12-40777 Document: 00512539366 Page: 1 Date Filed: 02/20/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 12-40777 February 20, 2014 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff - Appellee v. CONSTANTINO GAMEZ-TENERIA, also known as Constantino Gamez- Martinez, Defendant - Appellant Appeals from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-143-1 Before J..
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Case: 12-40777 Document: 00512539366 Page: 1 Date Filed: 02/20/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 12-40777 February 20, 2014
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff - Appellee
v.
CONSTANTINO GAMEZ-TENERIA, also known as Constantino Gamez-
Martinez,
Defendant - Appellant
Appeals from the United States District Court
for the Southern District of Texas
USDC No. 7:12-CR-143-1
Before JONES, BARKSDALE, and HAYNES, Circuit Judges.
PER CURIAM: *
Constantino Gamez-Teneria pleaded guilty to being unlawfully present
in the United States following removal. The district court sentenced Gamez to
27-months’ imprisonment, less 190 days of credit for state custody, and did not
impose a supervised-release term.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 12-40777 Document: 00512539366 Page: 2 Date Filed: 02/20/2014
No. 12-40777
For his only issue on appeal, Gamez contends the court erred in
concluding his Illinois involuntary-manslaughter conviction warranted a 12-
level enhancement under Sentencing Guideline § 2L1.2(b)(1)(A)(ii) (unlawfully
entering or remaining in United States after felony conviction for crime of
violence). Because Gamez has been released from prison and removed from
the United States (24 June 2013), his appeal is moot. See United States v.
Rosenbaum-Alanis,
483 F.3d 381, 383 (5th Cir. 2007).
DISMISSED.
2