Citation Codes Equivalent Citations citation codes Docket Number No. 05-41254 Summary Calendar. Attorney(S) James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office Southern District of Texas, Houston, TX, for Plaintiff-Appellee. Marjorie A. Meyers, Federal Public Defender, H. Michael Sokolow, Federal Public Defender's Office Southern District of Texas, Houston, TX, for Defendant-Appellant. Judges Carl E. Stewart James L. Dennis Priscilla Richman Owen Acts Crimes And Criminal Procedure — Sentences — Imprisonment — Criminal Procedure — Inclusion Of A Term Of Supervised Release After Imprisonment See more information ... Smart Summary Please sign up to generate summary. OPINION UNITED STATES of America, Plaintiff-Appellee, v. Jose ARGUETA-HERNANDEZ, also known as, Jose Saul Hernandez-Argueta, Defendant-Appellant. ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES PER CURIAM:[fn*] [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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. On January 8, 2006, the Supreme Court vacated our judgment in this case and remanded the case to this court for further consideration in light of Lopez v. Gonzales. The defendant has served his term of imprisonment and has been deported, but he remains subject to a term of supervised release. Our disposition of this appeal is governed by this circuit's binding precedent in United States v. Rosenbaum-Alanis. ___ U.S. ___, 127 S.Ct. 625, 166 L.Ed.2d 462 (2006). 483 F.3d 381 (5th Cir. 2007). Because the defendant remains subject to a term of supervised release, however, he may still seek modification of the term of supervised release under 18 U.S.C. § 3583(e), which does not require his presence. We therefore DISMISS this appeal without prejudice to the defendant's right to seek a modification of his term of supervised release.