United States v. Angelino Rodriguez-Barcenas

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 18 2017 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 15-50394 Plaintiff-Appellee, D.C. No. 3:13-cr-07096-DMS

v.

MEMORANDUM*

ANGELINO RODRIGUEZ-BARCENAS, a.k.a. Manuel Honorio Rodriguez,

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California Dana M. Sabraw, District Judge, Presiding

Submitted April 11, 2017** Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.

Angelino Rodriguez-Barcenas appeals from the revocation of supervised release and the 24-month sentence imposed upon revocation. Pursuant to Anders v. California, 386 U.S. 738 (1967), Rodriguez-Barcenas’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as

*

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).

counsel of record.

Because Rodriguez-Barcenas has fully served his sentence and is not subject to a term of supervised release, we dismiss this appeal as moot. See Spencer v. Kemna, 523 U.S. 1, 14 (1998); United States v. Palomba, 182 F.3d 1121, 1123 (9th Cir. 1999).

Counsel’s motion to withdraw is GRANTED.

DISMISSED.

2 15-50394