United States of America v. JOHN ALLEN NOBLES, Jr.

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
DRS/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOHN ALLEN NOBLES, Jr.,
Defendant - Appellant.
No. 08-50001
D.C. No. CR-01-00708-JFW-1
MEMORANDUM *
Appeal from the United States District Court
for the Central District of California
John F. Walter, District Judge, Presiding
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
John Allen Nobles appeals from the seven-month sentence imposed upon
revocation of supervised release. Pursuant to Anders v. California, 386 U.S. 738
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

DRS/Research 08-50001 2
(1967), Nobles’ counsel has filed a brief stating there are no grounds for relief,
along with a motion to withdraw as counsel of record.
By order filed August 21, 2008, counsel was advised that the court appeared
to lack jurisdiction over the appeal because appellant has been released from prison
without an additional term of supervised release. Counsel was ordered to move for
voluntary dismissal or show cause why the appeal should not be dismissed. To
date, counsel has not responded.
Because Nobles has been released from custody 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).
Counsel’s motion to withdraw is granted.
DISMISSED.

-- 2 of 2 --