United Statesv.Nolasco-Martinez

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUITMay 31, 2016
No. 15-30236 (9th Cir. 2016)
No. 15-30236653 Fed. Appx. 871

No. 15-30236

05-31-2016

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. GERARDO NOLASCO-MARTINEZ, Defendant - Appellant.


NOT FOR PUBLICATION

D.C. No. 1:15-cr-00082-BLW MEMORANDUM Appeal from the United States District Court for the District of Idaho
B. Lynn Winmill, Chief Judge, Presiding Before: REINHARDT, W. FLETCHER, and OWENS, Circuit Judges.

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

Gerardo Nolasco-Martinez appeals from the district court's judgment and challenges the 15-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. We dismiss but remand to the district court to correct the judgment.

Nolasco-Martinez contends that his sentence is substantively unreasonable. Because Nolasco-Martinez has been released from custody and is not subject to a term of supervised release, we dismiss the appeal as moot. See United States v. Palomba, 182 F.3d 1121, 1123 (9th Cir. 1999).

In accordance with United States v. Rivera-Sanchez, 222 F.3d 1057, 1062 (9th Cir. 2000), we remand the case to the district court with instructions that it delete from the judgment the reference to section 1326(b)(1).

DISMISSED; REMANDED to correct the judgment.