Opinion
This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Page 610.
Elyssa Getreu, Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee.
Cara Devito, Esq., Las Vegas, NV, for Defendant-Appellant.
Olumuyiwa Ola Olabanji, Los Angeles, CA, pro se.
Appeal from the United States District Court for the Central District of California, George H. King, District Judge, Presiding. D.C. No. CR-98-00406-GHK.
Before: FERNANDEZ, RYMER, and BYBEE, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Olumuyiwa Ola Olabanji appeals from the district court's second revocation of supervised release and imposition of a 15-month term of imprisonment. Counsel for Olabanji has filed a motion to withdraw as counsel under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and a brief stating that she is unable to find any non-frivolous issues for review. No pro se supplemental brief or answering brief has been filed.
Counsel for Olabanji concedes that the appeal is moot because Olabanji has been released from custody. We agree. See Spencer v. Kemna, 523 U.S. 1, 8, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998); see also United States v. Tapia-Marquez, 361 F.3d 535, 538 (9th Cir.2004).
Accordingly, counsel's motion to withdraw is GRANTED and the appeal is DISMISSED.