NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 29 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-50438
Plaintiff-Appellee, D.C. No. 3:14-cr-00031-DMS
v.
MEMORANDUM*
JUAN MANUEL COTA-CHAVEZ,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
Juan Manuel Cota-Chavez appeals from the district court’s judgment and
challenges the 48-month sentence imposed upon remand for resentencing
following his guilty-plea conviction for importation of methamphetamine and
heroin, in violation of 21 U.S.C. §§ 952 and 960. We dismiss.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Cota-Chavez contends that the district court erred by denying him a minor
role reduction under U.S.S.G. § 3B1.2(b). Because Cota-Chavez has been released
from custody and is not subject to a term of supervised release, we dismiss the
appeal as moot. See United States v. Palomba, 182 F.3d 1121, 1123 (9th Cir.
1999).
DISMISSED.
2 16-50438