United States of America v. John J. Romero, a.k.a. John Romero, Jr.

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOHN J. ROMERO, a.k.a. John Romero,
Jr.,
Defendant - Appellant.
No. 13-50196
D.C. No. 2:09-cr-00260-R
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Manuel L. Real, District Judge, Presiding
Submitted March 10, 2015**
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
John J. Romero appeals pro se from the district court’s order denying his
motion for a determination that 29 U.S.C. § 504(a) is inapplicable to him. We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
MAR 17 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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Romero contends that he is not subject to section 504(a)’s 13-year restriction
on serving as a officer for a labor organization because the statute is penal, rather
than remedial. Romero does not explain why this distinction is important, and, in
any event, he is incorrect. See De Veau v. Braisted, 363 U.S. 144, 159-60 (1960).
Romero also asserts numerous challenges to the sentence imposed for his
underlying conviction for making false statements to the United States Department
of Labor, in violation of 18 U.S.C. § 1001(a)(2). These arguments are not properly
raised in this appeal, and are moot in view of Romero’s completion of his sentence
and supervised release term. See United States v. Palomba, 182 F.3d 1121, 1123
(9th Cir. 1999).
AFFIRMED.
13-50196 2

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