Opinion
No. 12-30121 D.C. No. 2:08-cr-00098-RHW
06-20-2013
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. GARY A. GERMANY, 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NOT FOR PUBLICATION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 Washington
Robert H. Whaley, District Judge, Presiding
Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.
Gary A. Germany appeals from the district court's order denying his 18 U.S.C. § 3582(c)(2) motion for reduction of his custodial sentence. We have jurisdiction under 28 U.S.C. § 1291, and we dismiss.
Because Germany has finished serving his "term of imprisonment," he is not 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 agree with the government that this case is moot. See United States v. Strong, 489 F.3d 1055, 1059 (9th Cir. 2007).
DISMISSED.