Unpublished Disposition, 872 F.2d 431 (9th Cir. 1989)

MEMORANDUM^** 

Francisco Rey-Lavandera pleaded guilty to and was convicted of a count of conspiracy to import marijuana. He appeals contending that his sentence was unconstitutional and an abuse of discretion. We dismiss his appeal as moot.

Because mootness is an element of justiciability and raises a question of jurisdiction, this court may consider the issue though neither party has raised it. North Carolina v. Rice, 404 U.S. 244, 246 (1971) (per curiam).

A case is moot if this court cannot grant effective relief to the litigants, and this court has no jurisdiction to hear such a case. Aguirre v. S.S. Sohio Intrepid, 801 F.2d 1185, 1189 (9th Cir. 1986). An appeal challenging the imposition of a sentence is moot if the sentence has expired, and correcting the sentence would not have collateral consequences. See Lane v. Williams, 455 U.S. 624, 631-32 (1982); Brady v. United States Parole Commission, 600 F.2d 234, 236 (9th Cir. 1979) (appeal from length of incarceration moot once parole is granted).

Here, Rey-Lavandera has already served the sentence which he challenges and has been deported to Mexico. Therefore, even if we decided to reduce Rey-Lavandera's sentence that could not affect his current status.

Nor would a reduction in sentence have a collateral effect on Rey-Lavandera's status under immigration laws. A conviction for a drug related offense is ground for deportation regardless of the sentence served. See 8 U.S.C. § 1251(11). Thus, a reduction of Rey-Lavandera's sentence could not affect his deportability status.

APPEAL DISMISSED.