UNITED STATES v. GARCIA GASTELUM (2018)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Francisco GARCIA-GASTELUM, a.k.a. Francisco Garcia, Defendant-Appellant.

No. 17-10221

Decided: August 22, 2018

Before: FARRIS, BYBEE and N.R. SMITH, Circuit Judges.

David Patrick Savel, Assistant U.S. Attorney, USTU-Office of the US Attorney, Tucson, AZ, for Plaintiff-Appellee Jose H. Robles, Attorney, Tucson, AZ, for Defendant-Appellant

MEMORANDUM **

Francisco Garcia-Gastelum appeals from the district court’s judgment revoking his supervised release and challenges the six-month sentence imposed upon revocation. We have jurisdiction under 28 U.S.C. § 1291, and we dismiss.

Garcia-Gastelum argues he should have received a downward variance due to his previous mental incapacity. Because Garcia-Gastelum has fully served his custodial sentence and is not subject to an additional term of supervised release, we dismiss the appeal as moot. See United States v. Palomba, 182 F.3d 1121, 1123 (9th Cir. 1999); see also United States v. King, 891 F.3d 868, 869–70 (9th Cir. 2018).

DISMISSED.

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