United States v. Juan Cota-Chavez

NOT FOR PUBLICATION FILED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