June 05th, 2020

United States v. Calzada Vega

Docket: 16-41663
Opinion Date: June 4, 2020
Judge: Stephen Andrew Higginson
Areas of Law: Criminal Law

The Fifth Circuit affirmed defendant's sentence imposed after he pleaded guilty to one count of illegal reentry after deportation. Both parties agree that the merit's of defendant's appeal are foreclosed by the Supreme Court's decision in Quarles v. United States, 139 S. Ct. 1872 (2019). At issue is whether defendant's release from custody mooted his challenge to the presentencing report's calculation of his sentencing guidelines. The court applied United States v. Lares-Meraz, 452 F.3d 352 (5th Cir. 2006), and held that defendant's appeal of the eight-level sentence enhancement under USSG 2L1.2(b)(1)(C) is not moot because he remains subject to a term of supervised release.

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