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

United States v. Jose Partida-Vargas

United States v. Jose Partida-Vargas
U.S. Court of Appeals for the Ninth Circuit · Decided June 24, 2013 · Tallman, Smith, Hurwitz
531 F. App'x 815

United States v. Jose Partida-Vargas

Opinion

MEMORANDUM **

Jose Cain Partida-Vargas appeals from the district court’s order denying his 18 U.S.C. § 3582(c)(2) motion for reduction of his custodial sentence. We dismiss.

Partida-Vargas contends that the district court erred in denying his motion for a sentence reduction. Because Partida-Vargas has finished serving his “term of imprisonment,” he is no longer 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 dismiss this appeal-as 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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