United States of America v. Joseph Franklin Reynolds

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JOSEPH FRANKLIN REYNOLDS,
Defendant-Appellant.
No. 22-30120
D.C. No. 2:12-cr-00007-DLC-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Dana L. Christensen, District Judge, Presiding
Submitted November 15, 2022**
Before: CANBY, CALLAHAN, and BADE, Circuit Judges.
Joseph Franklin Reynolds appeals from the district court’s order modifying
the conditions of supervised release to include mental health treatment. Pursuant
to Anders v. California, 386 U.S. 738 (1967), Reynolds’s counsel has filed a
motion to withdraw and opening brief stating that there are no grounds for relief
* 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
NOV 22 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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because the appeal is moot. Reynolds has filed a pro se response explaining why
he believes the appeal is not moot.
The record reflects that, subsequent to the district court’s entry of the order
on appeal, Reynolds’s supervised release was revoked on August 17, 2022. Upon
his release from the custodial sentence imposed by the August 17 judgment,
Reynolds will be subject to the supervised release conditions included in that
judgment. Because the order modifying the previously imposed supervised release
conditions is no longer in effect, we can provide no effective relief to Reynolds.
We, therefore, dismiss this appeal as moot. See Spencer v. Kemna, 523 U.S. 1, 7-
14 (1998).
Counsel’s motion to withdraw is GRANTED.
DISMISSED.

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