Opinion
No. 12-10235 D.C. No. 1:99-cr-05281-LJO
06-24-2013
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOSE CAIN PARTIDA-VARGAS, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O'Neill, District Judge, Presiding
Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.
Jose Cain Partida-Vargas appeals from the district court's order denying his 18 U.S.C. § 3582(c)(2) motion for reduction of his custodial sentence. We dismiss.
Partida-Vargas contends that the district court erred in denying his motion for a sentence reduction. Because Partida-Vargas has finished serving his "term of imprisonment," he is no longer eligible for relief under section 3582(c)(2). See 18 U.S.C. § 3582(c)(2) (allowing the district court to reduce the "term of imprisonment" when the defendant was sentenced based upon a sentencing range which has been subsequently lowered). Accordingly, we dismiss this appeal as moot. See United States v. Strong, 489 F.3d 1055, 1059 (9th Cir. 2007).
DISMISSED.