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United States v. Joaquin Hernandez-Navarro

Court of Appeals for the Ninth Circuit · 13-50564 · 2014-04-11 · Unpublished

Proceeding
appeal
Trial court
United States District Court for the Southern District of California
Trial judge
M. James Lorenz (district judge)
Outcome
dismissed — DISMISSED.
Area
criminal

Analysis

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Opinion

FILED NOT FOR PUBLICATION APR 11 2014

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 13-50564 Plaintiff - Appellee, D.C. No. 3:09-cr-04015-L v. MEMORANDUM* JOAQUIN HERNANDEZ-NAVARRO, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California M. James Lorenz, District Judge, Presiding Submitted April 7, 2014** Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.

Joaquin Hernandez-Navarro appeals from the revocation of supervised release and the 8-month sentence imposed upon revocation. Pursuant to Anders v. California, 386 U.S. 738 (1967), Hernandez-Navarro’s counsel has filed a brief * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). stating that there are no grounds for relief, along with a motion to withdraw as counsel of record.

Because Hernandez-Navarro has fully served his custodial sentence and is not subject to a term of supervised released, we dismiss this appeal as moot. See Spencer v. Kemna, 523 U.S. 1, 14 (1998); United States v. Palomba, 182 F.3d 1121, 1123 (9th Cir. 1999).

Counsel’s motion to withdraw is GRANTED.

DISMISSED.

2 13-50564