United States of America v. Jose Cain Partida-Vargas

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NOT FOR PUBLICATION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.
JOSE CAIN PARTIDA-VARGAS,
Defendant - Appellant.
No. 12-10235
D.C. No. 1:99-cr-05281-LJO
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, District Judge, Presiding
Submitted June 18, 2013**
Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.
Jose Cain Partida-Vargas appeals from the district court’s order denying his
18 U.S.C. § 3582(c)(2) motion for reduction of his custodial sentence. We
dismiss.
Partida-Vargas contends that the district court erred in denying his motion
FILED
JUN 24 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-10235 2
for a sentence reduction. Because Partida-Vargas has finished serving his “term of
imprisonment,” he is no longer 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 dismiss this appeal as
moot. See United States v. Strong, 489 F.3d 1055, 1059 (9th Cir. 2007).
DISMISSED.

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