UNITED STATES v. GOMEZ (2018)

United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff-Appellee v. Gilberto GOMEZ, Defendant-Appellant

No. 17-10690

Decided: December 07, 2018

Before DAVIS, JONES, and ENGELHARDT, Circuit Judges.

Joseph Andrew Magliolo, Esq., Emily Baker Falconer, James Wesley Hendrix, Assistant U.S. Attorneys, Leslie Rachael Jones, Esq., Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee Kevin Blake Ross, Law Office of Kevin B. Ross, P.C., Dallas, TX, for Defendant-Appellant

Pursuant to this court’s opinion of September 26, 2018, the district court conducted a re-sentencing hearing of Defendant Gilberto Gomez on November 26, 2018. The district court reduced the original sentence from 652 to 480 months. Because the district court amended its sentence, we need not address whether the original sentence is substantively reasonable, which is the only remaining issue. Accordingly, we hereby dismiss this appeal as moot. This dismissal has no bearing on Defendant’s right to file a new appeal as to the district court’s amended judgment.

DISMISSED AS MOOT.

FOOTNOTES

FOOTNOTE.

W. EUGENE DAVIS: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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