United States of America v. Juan Manuel Cota-Chavez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JUAN MANUEL COTA-CHAVEZ,
Defendant-Appellant.
No. 16-50438
D.C. No. 3:14-cr-00031-DMS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
Juan Manuel Cota-Chavez appeals from the district court’s judgment and
challenges the 48-month sentence imposed upon remand for resentencing
following his guilty-plea conviction for importation of methamphetamine and
heroin, in violation of 21 U.S.C. §§ 952 and 960. We dismiss.
* 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
SEP 29 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-50438
Cota-Chavez contends that the district court erred by denying him a minor
role reduction under U.S.S.G. § 3B1.2(b). Because Cota-Chavez has been released
from custody and is not subject to a term of supervised release, we dismiss the
appeal as moot. See United States v. Palomba, 182 F.3d 1121, 1123 (9th Cir.
1999).
DISMISSED.

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