FILED
NOT FOR PUBLICATION APR 20 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 07-30396
Plaintiff - Appellee, D.C. No. CR-05-00019-DWM
v.
MEMORANDUM *
ELDON LEWIS HUFFINE,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted April 5, 2009 **
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Eldon Lewis Huffine appeals from the five-month sentence imposed upon
revocation of his supervised release. Pursuant to Anders v. California, 386 U.S.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
738 (1967), Huffine’s counsel has filed a brief stating there are no grounds for
relief, along with a motion to withdraw as counsel of record.
By order filed February 4, 2010, counsel was advised that the court appeared
to lack jurisdiction over the appeal because appellant has completed his federal
sentence without an additional term of supervised release, and has paid his
restitution, fine, and special assessment. Counsel was ordered to move for
voluntary dismissal or show cause why the appeal should not be dismissed. To
date, counsel has not responded.
Because Huffine has completed his federal sentence, we dismiss the appeal
as moot. See United States v. Palomba, 182 F.3d 1121, 1123 (9th Cir. 1999).
Counsel’s motion to withdraw is GRANTED, and the appeal is
DISMISSED.
2 07-30396