U.S. Court of Appeals for the Ninth Circuit, 2016

United States v. Fabian Santillan

United States v. Fabian Santillan
U.S. Court of Appeals for the Ninth Circuit · Decided February 9, 2016 · Berzon, Gould, Steeh
636 F. App'x 427

United States v. Fabian Santillan

Opinion

MEMORANDUM **

Fabian Santillan appeals from the revocation of supervised release and eleven-month sentence imposed upon revocation. Following argument and submission of the appeal, the government filed a motion to dismiss the appeal for lack of subject-matter jurisdiction due to mootness based on the fact that Santillan completed his sentence on January 11, 2016, and was released from custody.

Mootness of a pending appeal deprives the court of subject matter jurisdiction to continue hearing that appeal. McCullough v. Graber, 726 F.3d 1057, 1059 (9th Cir. 2013) (holding that a case or controversy “must exist at all stages of the proceedings, including appellate review”). We agree that the appeal is moot because San-tillan has fully served his custodial sentence and is not subject to an additional term of supervised release. See Spencer v. Kemna, 523 U.S. 1, 14, 118 S.Ct. 978, 140 *428 L.Ed.2d 43, (1998); United States v. Palomba, 182 F.3d 1121, 1123 (9th Cir. 1999). We, therefore, dismiss the appeal.

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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