United States v. Alfredo Mendoza-Alvarez

FILED NOT FOR PUBLICATION APR 24 2015 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 14-30207 Plaintiff - Appellee, D.C. No. 2:10-cr-02140-FVS v. MEMORANDUM* ALFREDO MENDOZA-ALVAREZ, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Washington Fred L. Van Sickle, District Judge, Presiding Submitted April 22, 2015** Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges. Alfredo Mendoza-Alvarez appeals from the revocation of supervised release and six-month sentence imposed upon revocation. Pursuant to Anders v. California, 386 U.S. 738 (1967), Mendoza-Alvarez’s counsel has filed a brief * 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). stating that the appeal is moot, along with a motion to withdraw as counsel of record. We agree that the appeal is moot because Mendoza-Alvarez has fully served his custodial sentence and is not subject to an additional term of supervised release. See Spencer v. Kemna, 523 U.S. 1, 14 (1998); United States v. Palomba, 182 F.3d 1121, 1123 (9th Cir. 1999). We, therefore, dismiss the appeal. Counsel’s motion to withdraw is GRANTED. DISMISSED. 2 14-30207