U.S. v. GUZMAN, 299 Fed.Appx. 307 (5th Cir. 2008)

No. 07-11257 Summary Calendar.United States Court of Appeals, Fifth Circuit.
November 5, 2008.

C. Richard Baker, Assistant U.S. Attorney U.S. Attorney’s Office Northern District of Texas Lubbock, TX for Plaintiff-Appellee.

Teresia J. Depoyster, Lubbock, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Texas, USDC, No. 5:07-CR-35-ALL.

Before SMITH, STEWART, and SOUTHWICK, Circuit Judges.

PER CURIAM:[*]

Jesse Guzman appeals a restitution order imposed following his conviction of bank robbery and related crimes. He contends that the amount of restitution should be offset by the amount of stolen money recovered from the robbery. Although the presentence report recommended the offset, neither the written judgment nor the court at sentencing ordered the offset.

The Government contends that the appeal should be dismissed as moot because the offset has taken place. In support, the Government has supplemented the record with documentary evidence showing that the recovered money was returned to the bank and that the bank asked the clerk of the district court to credit the recovered money to the restitution account. In addition, the Government presented the district court’s “Case Inquiry Report” showing that $7251 has been collected and credited against the ordered restitution amount of $17,228.

The record establishes that the ordered restitution amount of $17,228 has been offset by $7251. Guzman has therefore received the relief he seeks on appeal. Accordingly, the Government’s motion to

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dismiss the appeal as moot is GRANTED, and the appeal is DISMISSED as moot.