United States v. Fabian Santillan

636 F. App'x 427

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 9, 2016
• Docket: 15-50303
• Status: Unpublished

Opinion

MEMORANDUM **

Fabian Santillan appeals from the revocation of supervised release and eleven-month sentence imposed upon revocation. Following argument and submission of the appeal, the government filed a motion to dismiss the appeal for lack of subject-matter jurisdiction due to mootness based on the fact that Santillan completed his sentence on January 11, 2016, and was released from custody.

Mootness of a pending appeal deprives the court of subject matter jurisdiction to continue hearing that appeal. McCullough v. Graber, 726 F.3d 1057, 1059 (9th Cir.2013) (holding that a case or controversy “must exist at all stages of the proceedings, including appellate review”). We agree that the appeal is moot because San-tillan has fully served his custodial sentence and is not subject to an additional term of supervised release. See Spencer v. Kemna, 523 U.S. 1, 14, 118 S.Ct. 978, 140 L.Ed.2d 43, (1998); United States v. Palomba, 182 F.3d 1121, 1123 (9th Cir.1999). We, therefore, dismiss the appeal.

DISMISSED.

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