UNITED STATES v. ROLLER (2021)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Gary James ROLLER, Defendant-Appellant.

No. 19-10205

Decided: June 24, 2021

Before: SILVERMAN, WATFORD, and BENNETT, Circuit Judges.

Susan Frances Knight, Assistant U.S. Attorney, DOJ - Office of the U.S. Attorney, San Jose, CA, Kelly Irene Volkar, Matthew Martin Yelovich, Assistant U.S. Attorney, DOJ-USAO, San Francisco, CA, for Plaintiff-Appellee Erik G. Babcock, Attorney, Law Offices of Erik Babcock, Oakland, CA, for Defendant-Appellant

MEMORANDUM **

Gary James Roller appeals from the district court's order finding that Roller violated the terms of his supervised release and reinstating his supervised release term. We dismiss the appeal as moot.

During the pendency of this appeal, Roller completed his supervised release term, thus rendering his appeal moot. See Spencer v. Kemna, 523 U.S. 1, 14, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998); United States v. King, 891 F.3d 868, 869-70, 872 (9th Cir. 2018) (applying Spencer to a supervised release revocation and concluding that appeal from revocation judgment was moot upon appellant's completion of his sentence). Roller's summary assertion, without any supporting argument, that the “capable of repetition, yet evading review” exception to mootness applies here is unavailing. See Spencer, 523 U.S. at 17-18, 118 S.Ct. 978.

DISMISSED.

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