Rolando Sanchez v. G. Lewis

615 F. App'x 422

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 31, 2015
• Docket: 14-55862
• Status: Unpublished

Opinion

MEMORANDUM **

California state prisoner Rolando Esteban Sanchez appeals pro se from the district court’s judgment granting in part and denying in part his 28 U.S.C. § 2254 habe-as petition. We dismiss.

Sanchez raises several challenges to his convictions and sentence for murder and related offenses. The district court granted a certificate of appealability (“COA”) only as to Sanchez’s claim that there was insufficient evidence to support his conviction for carrying a concealed weapon in a vehicle. While this appeal was pending, the state court dismissed that count. 1 Because Sanchez is no longer in custody for the concealed weapon offense, this court “cannot grant any effectual relief’ in Sanchez’s favor and the certified claim is moot. See Calderon v. Moore, 518 U.S. 149, 150, 116 S.Ct. 2066,135 L.Ed.2d 453 (1996) (per curiam) (internal quotations omitted).

We treat Sanchez’s additional arguments as a motion to expand the COA and deny the motion. See 9th Cir. R. 22 — 1(e); Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir.1999) (per curiam).

DISMISSED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

1 . We grant appellee’s request for judicial notice of the transcript from Sanchez's June 30, 2014, resentencing hearing in state court.