United States of America v. Francisco Garcia-Gastelum, a.k.a. Francisco Garcia

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
FRANCISCO GARCIA-GASTELUM,
a.k.a. Francisco Garcia,
Defendant-Appellant.
No. 17-10221
D.C. No. 4:14-cr-00507-FRZ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Frank R. Zapata, District Judge, Presiding
Submitted August 15, 2018**
Before: FARRIS, BYBEE and N.R. SMITH, Circuit Judges.
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
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
AUG 22 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 17-10221
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.

-- 2 of 2 --