Opinion
22-30120
11-22-2022
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JOSEPH FRANKLIN REYNOLDS, Defendant-Appellant.
NOT FOR PUBLICATION
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Appeal from the United States District Court No. 2:12-cr-00007-DLC-1 for the District of Montana Dana L. Christensen, District Judge, Presiding
Before: CANBY, CALLAHAN, and BADE, Circuit Judges.
MEMORANDUM
Joseph Franklin Reynolds appeals from the district court's order modifying the conditions of supervised release to include mental health treatment. Pursuant to Anders v. California, 386 U.S. 738 (1967), Reynolds's counsel has filed a motion to withdraw and opening brief stating that there are no grounds for relief because the appeal is moot. Reynolds has filed a pro se response explaining why he believes the appeal is not moot.
The record reflects that, subsequent to the district court's entry of the order on appeal, Reynolds's supervised release was revoked on August 17, 2022. Upon his release from the custodial sentence imposed by the August 17 judgment, Reynolds will be subject to the supervised release conditions included in that judgment. Because the order modifying the previously imposed supervised release conditions is no longer in effect, we can provide no effective relief to Reynolds. We, therefore, dismiss this appeal as moot. See Spencer v. Kemna, 523 U.S. 1, 714 (1998).
Counsel's motion to withdraw is GRANTED.
DISMISSED.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).