United States of America v. Gary A. Germany

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GARY A. GERMANY,
Defendant - Appellant.
No. 12-30121
D.C. No. 2:08-cr-00098-RHW
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Robert H. Whaley, District Judge, Presiding
Submitted June 18, 2013**
Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.
Gary A. Germany appeals from the district court’s order denying his 18
U.S.C. § 3582(c)(2) motion for reduction of his custodial sentence. We have
jurisdiction under 28 U.S.C. § 1291, and we dismiss.
Because Germany has finished serving his “term of imprisonment,” he is not
FILED
JUN 20 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

12-30121 2
eligible for relief under section 3582(c)(2). See 18 U.S.C. § 3582(c)(2) (allowing
the district court to reduce the “term of imprisonment” when the defendant was
sentenced based upon a sentencing range which has been subsequently lowered).
Accordingly, we agree with the government that this case is moot. See United
States v. Strong, 489 F.3d 1055, 1059 (9th Cir. 2007).
DISMISSED.

-- 2 of 2 --