UNITED STATES v. GALLEGOS (2018)

United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff-Appellee v. Luis Miguel Guzman GALLEGOS, Defendant-Appellant

No. 17-20810

Decided: October 19, 2018

Before JOLLY, COSTA, and HO, Circuit Judges.

John A. Reed, Carmen Castillo Mitchell, Assistant U.S. Attorneys, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee Marjorie A. Meyers, Federal Public Defender, Michael Lance Herman, Assistant Federal Public Defender, John Moreno Parras, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant

Luis Miguel Guzman Gallegos argues that the written judgment should be corrected pursuant to Federal Rule of Criminal Procedure 36 to reflect that the $100 special assessment was remitted on the Government’s motion. However, on March 15, 2018, after Gallegos filed his notice of appeal but before he filed his appellate brief, the district court entered an amended written judgment correcting such error. Because the district court has already granted the only relief sought by Gallegos, his appeal is moot, and this court lacks jurisdiction over it. See United States v. Heredia-Holguin, 823 F.3d 337, 340 (5th Cir. 2016) (en banc).

DISMISSED AS MOOT.

FOOTNOTES

FOOTNOTE.

PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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