USA V. JUAN COTA-CHAVEZ, No. 16-50438 (9th Cir. 2017)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED SEP 29 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. U.S. COURT OF APPEALS 16-50438 D.C. No. 3:14-cr-00031-DMS v. MEMORANDUM* JUAN MANUEL COTA-CHAVEZ, Defendant-Appellant. Appeal from the United States District Court for the Southern District of California Dana M. Sabraw, District Judge, Presiding Submitted September 26, 2017** Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges. Juan Manuel Cota-Chavez appeals from the district court’s judgment and challenges the 48-month sentence imposed upon remand for resentencing following his guilty-plea conviction for importation of methamphetamine and heroin, in violation of 21 U.S.C. §§ 952 and 960. We dismiss. * 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). Cota-Chavez contends that the district court erred by denying him a minor role reduction under U.S.S.G. § 3B1.2(b). Because Cota-Chavez 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). DISMISSED. 2 16-50438

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