United States v. Fabian Santillan

MEMORANDUM ** Fabian Santillan appeals from the revocation of supervised release and eleven-month sentence imposed upon revocation. Following argument and submission of the appeal, the government filed a motion to dismiss the appeal for lack of subject-matter jurisdiction due to mootness based on the fact that Santillan completed his sentence on January 11, 2016, and was released from custody. Mootness of a pending appeal deprives the court of subject matter jurisdiction to continue hearing that appeal. McCullough v. Graber, 726 F.3d 1057, 1059 (9th Cir.2013) (holding that a case or controversy “must exist at all stages of the proceedings, including appellate review”). We agree that the appeal is moot because San-tillan has fully served his custodial sentence and is not subject to an additional term of supervised release. See Spencer v. Kemna, 523 U.S. 1, 14, 118 S.Ct. 978, 140 *428 L.Ed.2d 43, (1998); United States v. Palomba, 182 F.3d 1121, 1123 (9th Cir.1999). We, therefore, dismiss the appeal. DISMISSED. Footnotes [**] This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.