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United States v. Nolasco-Martinez

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
May 31, 2016
653 F. App'x 871 (9th Cir. 2016)

Opinion

No. 15-30236

05-31-2016

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. GERARDO NOLASCO-MARTINEZ, Defendant - Appellant.


NOT FOR PUBLICATION

D.C. No. 1:15-cr-00082-BLW MEMORANDUM Appeal from the United States District Court for the District of Idaho
B. Lynn Winmill, Chief Judge, Presiding Before: REINHARDT, W. FLETCHER, and OWENS, Circuit Judges.

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

Gerardo Nolasco-Martinez appeals from the district court's judgment and challenges the 15-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. We dismiss but remand to the district court to correct the judgment.

Nolasco-Martinez contends that his sentence is substantively unreasonable. Because Nolasco-Martinez has been released from custody and is not subject to a term of supervised release, we dismiss the appeal as moot. See United States v. Palomba, 182 F.3d 1121, 1123 (9th Cir. 1999).

In accordance with United States v. Rivera-Sanchez, 222 F.3d 1057, 1062 (9th Cir. 2000), we remand the case to the district court with instructions that it delete from the judgment the reference to section 1326(b)(1).

DISMISSED; REMANDED to correct the judgment.


Summaries of

United States v. Nolasco-Martinez

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
May 31, 2016
653 F. App'x 871 (9th Cir. 2016)
Case details for

United States v. Nolasco-Martinez

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. GERARDO…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: May 31, 2016

Citations

653 F. App'x 871 (9th Cir. 2016)