United States of America v. Gerardo Nolasco-Martinez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GERARDO NOLASCO-MARTINEZ,
Defendant - Appellant.
No. 15-30236
D.C. No. 1:15-cr-00082-BLW
MEMORANDUM*
Appeal from the United States District Court
for the District of Idaho
B. Lynn Winmill, Chief Judge, Presiding
Submitted May 24, 2016**
Before: REINHARDT, W. FLETCHER, and OWENS, Circuit Judges.
Gerardo Nolasco-Martinez appeals from the district court’s judgment and
challenges the 15-month sentence imposed following his guilty-plea conviction for
being a deported alien found in the United States, in violation of 8 U.S.C. § 1326.
We dismiss but remand to the district court to correct the judgment.
FILED
MAY 31 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Nolasco-Martinez contends that his sentence is substantively unreasonable.
Because Nolasco-Martinez 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).
In accordance with United States v. Rivera-Sanchez, 222 F.3d 1057, 1062
(9th Cir. 2000), we remand the case to the district court with instructions that it
delete from the judgment the reference to section 1326(b)(1).
DISMISSED; REMANDED to correct the judgment.
15-30236 2

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