U.S. v. Almanza-Flores

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Diego ALMANZA-FLORES…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jul 18, 2002

41 F. App'x 929 (9th Cir. 2002)

Opinion

41 Fed.Appx. 929 (9th Cir. 2002) UNITED STATES of America, Plaintiff-Appellee, v. Diego ALMANZA-FLORES, Defendant-Appellant. No. 01-50675. D.C. No. CR-00-02385-GT. United States Court of Appeals, Ninth Circuit. July 18, 2002

Submitted July 9, 2002 ^*.

* The panel unanimously finds this case suitable for decision without oral argument. Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Southern District of California Gordon Thompson, Jr., Senior District Judge, Presiding.

Before KOZINSKI and FERNANDEZ, Circuit Judges, and KING, ^** District Judge.

** Honorable Samuel P. King, Senior United States District Judge for the District of Hawaii, sitting by designation.

ORDER ^***

*** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

Diego Almanza-Flores appeals the sentence of nine months and 18 days upon revocation of his supervised release. We dismiss the appeal as moot.

The record indicates that Almanza-Flores's sentence ended on June 22, 2002. Because he challenges the sentence given upon a revocation of supervised release (not the underlying conviction), the court cannot presume collateral consequences so as to render the appeal justiciable. See Spencer v. Kemna, 523 U.S. 1, 12-13, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998); United States v. Palomba, 182 F.3d 1121, 1123 (9th Cir.1999); United States v. Meyers, 200 F.3d 715, 721-22 (10th Cir.2000).

DISMISSED.