NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 24 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 19-10205
Plaintiff-Appellee, D.C. No. 5:08-cr-00361-BLF-1
v.
MEMORANDUM*
GARY JAMES ROLLER,
Defendant-Appellant.
Appeal from the United States District Court
for the Northern District of California
Beth Labson Freeman, District Judge, Presiding
Submitted June 21, 2021**
Before: SILVERMAN, WATFORD, and BENNETT, Circuit Judges.
Gary James Roller appeals from the district court’s order finding that Roller
violated the terms of his supervised release and reinstating his supervised release
term. We dismiss the appeal as moot.
During the pendency of this appeal, Roller completed his supervised release
*
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).
term, thus rendering his appeal moot. See Spencer v. Kemna, 523 U.S. 1, 14
(1998); United States v. King, 891 F.3d 868, 869-70, 872 (9th Cir. 2018) (applying
Spencer to a supervised release revocation and concluding that appeal from
revocation judgment was moot upon appellant’s completion of his sentence).
Roller’s summary assertion, without any supporting argument, that the “capable of
repetition, yet evading review” exception to mootness applies here is unavailing.
See Spencer, 523 U.S. at 17-18.
DISMISSED.
2 19-10205