Opinion
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Action was brought to revoke supervised release. The United States District Court for the District of Hawaii, David Alan Ezra, Chief Judge, revoked supervised release, and defendant appealed. The Court of Appeals held that appeal was moot once underlying sentence was completed.
Dismissed.
Appeal from the United States District Court for the District of Hawaii David A. Ezra, District Judge, Presiding.
Before HAWKINS, TASHIMA and GOULD, Circuit Judges.
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 9th Cir. R. 36-3.
Kenneth Martin appeals the imposition
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of a 24-month sentence following the revocation of his supervised release. Martin's counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), stating that she finds no meritorious issues for review. Martin did not file a pro se supplemental brief.
When Martin completed his sentence upon revocation of supervised release, there ceased to be a case or controversy. See United States v. Palomba, 182 F.3d 1121, 1123 & n. 3 (9th Cir.1999) (stating that defendant lacks standing to challenge a completed sentence where he does not challenge correctness of underlying conviction). His appeal is therefore moot. See Spencer v. Kemna, 523 U.S. 1, 14, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998); Palomba, 182 F.3d at 1123 & n. 3.
The motion of counsel to withdraw is GRANTED and the appeal is DISMISSED.