United States v. Roberto Yepez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-50233

Plaintiff-Appellee, D.C. Nos. 2:12-cr-00792- v. GW-1 2:12-cr-00792- ROBERTO YEPEZ, AKA Beto, GW

Defendant-Appellant. OPINION

Appeal from the United States District Court for the Central District of California George H. Wu, District Judge, Presiding

Argued and Submitted February 8, 2024 Pasadena, California

Filed July 23, 2024

Before: Kim McLane Wardlaw, Michelle T. Friedland, and Jennifer Sung, Circuit Judges.

Opinion by Judge Friedland SUMMARY*

Criminal Law

The panel dismissed as moot Roberto Yepez’s appeal from the district court’s order dismissing his motion for compassionate release. While Yepez was serving an unrelated state sentence, he was transferred to federal custody to face a federal drug trafficking charge. Later, while serving the federal sentence, he moved pro se for sentence credit for the time he had spent in federal custody while facing his federal charges. Although he later argued through counsel that the motion should be…