U.S. Court of Appeals for the Ninth Circuit, 2013

United States v. Gary Germany

United States v. Gary Germany
U.S. Court of Appeals for the Ninth Circuit · Decided June 20, 2013 · Tallman, Smith, Hurwitz
529 F. App'x 853

United States v. Gary Germany

Opinion

MEMORANDUM **

Gary A. Germany appeals from the district court’s order denying his 18 U.S.C. § 3582(c)(2) motion for reduction of his custodial sentence. We have jurisdiction under 28 U.S.C. § 1291, and we dismiss.

Because Germany has finished serving his “term of imprisonment,” he is not eligible for relief under section 3582(c)(2). See 18 U.S.C. § 3582(c)(2) (allowing the district court to reduce the “term of imprisonment” when the defendant was sentenced based upon a sentencing range which has been subsequently lowered). Accordingly, we agree with the government that this case is moot. See United States v. Strong, 489 F.3d 1055, 1059 (9th Cir. 2007).

DISMISSED.

**

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

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