United States of America v. Pablo Alvarez-Jimenez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
PABLO ALVAREZ-JIMENEZ,
Defendant-Appellant.
No. 15-50552
D.C. No. 3:14-cr-01694-WQH
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
William Q. Hayes, District Judge, Presiding
Submitted April 11, 2017**
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
Pablo Alvarez-Jimenez appeals from the district court’s judgment and
challenges the 30-month sentence imposed following his guilty-plea conviction for
for being a removed alien found in the United States, in violation of
8 U.S.C. § 1326. Alvarez-Jimenez challenges the 16-level enhancement that the
* 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
APR 19 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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district court imposed on the basis of his 2013 aggravated assault conviction.
This sentencing appeal is moot because Alvarez-Jimenez has fully served his
custodial sentence and is not subject to a term of supervised release. See United
States v. Palomba, 182 F.3d 1121, 1123 (9th Cir. 1999). Accordingly, we dismiss
the appeal.
DISMISSED.

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