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Sanchez v. Lewis

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 31, 2015
615 F. App'x 422 (9th Cir. 2015)

Opinion

No. 14-55862

08-31-2015

ROLANDO ESTEBAN SANCHEZ, Petitioner - Appellant, v. G. D. LEWIS, Respondent - Appellee.


NOT FOR PUBLICATION

D.C. No. 5:12-cv-02018-DOC MEMORANDUM Appeal from the United States District Court for the Central District of California
David O. Carter, District Judge, Presiding
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.

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

California state prisoner Rolando Esteban Sanchez appeals pro se from the district court's judgment granting in part and denying in part his 28 U.S.C. § 2254 habeas petition. We dismiss.

Sanchez raises several challenges to his convictions and sentence for murder and related offenses. The district court granted a certificate of appealability ("COA") only as to Sanchez's claim that there was insufficient evidence to support his conviction for carrying a concealed weapon in a vehicle. While this appeal was pending, the state court dismissed that count. Because Sanchez is no longer in custody for the concealed weapon offense, this court "cannot grant any effectual relief" in Sanchez's favor and the certified claim is moot. See Calderon v. Moore, 518 U.S. 149, 150 (1996) (per curiam) (internal quotations omitted).

We grant appellee's request for judicial notice of the transcript from Sanchez's June 30, 2014, resentencing hearing in state court. --------

We treat Sanchez's additional arguments as a motion to expand the COA and deny the motion. See 9th Cir. R. 22-1(e); Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999) (per curiam).

DISMISSED.


Summaries of

Sanchez v. Lewis

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 31, 2015
615 F. App'x 422 (9th Cir. 2015)
Case details for

Sanchez v. Lewis

Case Details

Full title:ROLANDO ESTEBAN SANCHEZ, Petitioner - Appellant, v. G. D. LEWIS…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Aug 31, 2015

Citations

615 F. App'x 422 (9th Cir. 2015)

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