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UNITED STATES of America, Plaintiff-Appellee v. Atenogenes Corro BALBUENA, also known as Atenogenes B. Corro, also known as Atenogenes Corro-Bulhuera, also known as Atenogenes Corro-Balbuena, also known as Atenogenes Balbuena Corro, also known as Armondo Corro, also known as Atengenes Balbuena Corro, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit2012-06-25No. No. 11-20284
471 F. App'x 399

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Opinion

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PER CURIAM:

Atenogenes Corro Balbuena appeals the sentence imposed after his guilty plea to being found in the United States without permission, following his conviction of a felony and subsequent removal. He argues that the district court procedurally erred by upwardly departing under U.S.S.G. § 4A1.3(a)(l), based on speculation regarding his family’s future living arrangements.

After Balbuena filed this appeal, he completed the confinement portion of his sentence and was released from custody. He was removed to Mexico on April 25, 2012. As Balbuena challenges only his sentence, his appeal is now moot. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 382-83 (5th Cir.2007). Accordingly, the appeal is DISMISSED.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.