United States of America v. Kenneth William Kirkland

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
KENNETH WILLIAM KIRKLAND,
Defendant-Appellant.
No. 22-10195
D.C. No.
1:15-cr-00322-DAD-BAM-1
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Dale A. Drozd, District Judge, Presiding
Submitted May 16, 2023**
Before: BENNETT, MILLER, and VANDYKE, Circuit Judges.
Kenneth William Kirkland appeals from the district court’s judgment
revoking his supervised release. We dismiss the appeal as moot.
Kirkland argues that the district court violated his due process rights by
failing to ascertain whether his history of substance abuse impacted his ability to
* 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
MAY 22 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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knowingly and voluntarily waive his right to an evidentiary hearing regarding the
revocation charges. Because Kirkland completed his custodial term during the
pendency of this appeal, and is not serving a term of supervised release or subject
to any ongoing collateral consequences, his appeal is moot. See United States v.
King, 891 F.3d 868, 869-70, 872 (9th Cir. 2018) (absent proof of ongoing
collateral consequences from revocation of supervised release, unconditional
release from custody moots challenge to the revocation).
Appellee’s unopposed motion to supplement the record is granted.
DISMISSED.

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