UNITED STATES v. SANTOS FERRUFINO (2019)

United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Diego SANTOS-FERRUFINO, Defendant-Appellant.

No. 18-50668

Decided: March 18, 2019

Before OWEN, WILLETT, and OLDHAM, Circuit Judges.

Joseph H. Gay, Jr., Assistant U.S. Attorney, Michael Robert Hardy, Esq., Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Plaintiff - Appellee Judy Fulmer Madewell, Assistant Federal Public Defender, Maureen Scott Franco, Federal Public Defender, Federal Public Defender's Office, Western District of Texas, San Antonio, TX, for Defendant - Appellant

We DENY the government’s unopposed motion to dismiss this appeal as moot. The district court lacked jurisdiction to modify its sentence while this appeal was pending. See United States v. Lucero, 755 F. App’x 384, 385–86, No. 17-50709, 2018 WL 6200326, at *1 (5th Cir. Nov. 27, 2018).

We GRANT the government’s alternative motion to extend time to file its brief for 30 days from the entry of this order. If the government (the movant below) wishes to take advantage of the indicative ruling scheme, then it should comply with that scheme’s procedures. See Fed. R. Crim. P. 37(b); Fed. R. App. P. 12.1(a).

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PER CURIAM *: FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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