United States v. Francisco Garcia-Gastelum

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 22 2018 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 17-10221 Plaintiff-Appellee, D.C. No. 4:14-cr-00507-FRZ

v.

MEMORANDUM*

FRANCISCO GARCIA-GASTELUM, a.k.a. Francisco Garcia,

Defendant-Appellant.

Appeal from the United States District Court for the District of Arizona Frank R. Zapata, District Judge, Presiding

Submitted August 15, 2018** Before: FARRIS, BYBEE and N.R. SMITH, Circuit Judges.

Francisco Garcia-Gastelum appeals from the district court’s judgment revoking his supervised release and challenges the six-month sentence imposed upon revocation. We have jurisdiction under 28 U.S.C. § 1291, and we dismiss.

Garcia-Gastelum argues he should have received a downward variance due

*

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).

to his previous mental incapacity. Because Garcia-Gastelum has fully served his custodial sentence and is not subject to an additional term of supervised release, we dismiss the appeal as moot. See United States v. Palomba, 182 F.3d 1121, 1123 (9th Cir. 1999); see also United States v. King, 891 F.3d 868, 869–70 (9th Cir. 2018).

DISMISSED.

2 17-10221