United States v. David Heredia-Holguin
2016 U.S. App. LEXIS 9310
| 5th Cir. | 2016Background
- Defendant David Heredia-Holguin pleaded guilty to illegal reentry, was sentenced to 12 months imprisonment and three years supervised release with special conditions (no illegal reentry; no alcohol/intoxicants), and did not object to the sentence.
- After completing imprisonment but before briefing his appeal, Heredia-Holguin was deported to Mexico.
- He appealed the supervised-release term; the government moved to dismiss as moot, citing binding Fifth Circuit precedent.
- A panel questioned existing circuit precedent (Lares-Meraz vs. Rosenbaum-Alanis), denied equitable vacatur, and granted rehearing en banc on whether deportation moots an appeal of an unexpired supervised-release term.
- The en banc court held deportation alone does not render such an appeal moot and remanded to the panel for further disposition; it did not decide equitable vacatur.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether deportation of a defendant after imprisonment moots an appeal of his unexpired term of supervised release | Heredia-Holguin: Deportation does not moot the appeal because the supervised-release term still binds him (deterrence, revocation exposure) and thus he has a concrete interest | Government: Deportation eliminates practical consequences of supervised release; appeal is moot because court cannot grant effectual relief | Court: Deportation alone does not moot an appeal of an existing supervised-release term; case not moot while the term remains in effect |
| Whether equitable vacatur of the supervised-release term is warranted if appeal were moot | Heredia-Holguin: If appeal were moot due to deportation, equitable vacatur should be available to clear the remaining term | Government: Dismiss as moot; no relief required | Court: Did not decide—declined to reach equitable vacatur after holding appeal not moot |
Key Cases Cited
- United States v. Campos-Serrano, 404 U.S. 293 (1971) (Supreme Court held a deported defendant’s challenge to probation/supervised-release conditions was not moot because he remained under sentence)
- United States v. Lares-Meraz, 452 F.3d 352 (5th Cir. 2006) (Fifth Circuit panel held deported defendant’s sentencing appeal was not moot because supervised release remained part of the sentence)
- United States v. Rosenbaum-Alanis, 483 F.3d 381 (5th Cir. 2007) (Fifth Circuit panel held a similar appeal was moot because deportation precluded relief requiring the defendant’s presence)
- United States v. Solano-Rosales, 781 F.3d 345 (6th Cir. 2015) (Sixth Circuit held a deported defendant’s sentencing appeal was not moot where the court retained discretion to modify supervised release)