Alcaraz-Torres

MEMORANDUM **

Manuel Alcaraz-Torres appeals the revocation of the supervised release portion of his sentence. We lack jurisdiction and dismiss.

Alcaraz-Torres contends that 18 U.S.C. § 8588 (e)(3), the code section authorizing revocation of supervised release, is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). He further contends that there was insufficient evidence to find that he violated the terms of his supervised release by reentering the United States.

Because Alcaraz-Torres has completed his sentence on revocation of supervised release there is no justiciable case or controversy. See Spencer v. Kemna, 523 U.S. 1, 14 , 118 S.Ct. 978 , 140 L.Ed.2d 43 (1998) (declining to presume that revocation of parole creates collateral consequences sufficient to extend standing beyond expiration of the sentence); cf. United States v. Palomba, 182 F.3d 1121 , 1123 & n. 3 (9th Cir.1999) (stating that a defendant lacks standing to challenge a completed sentence where he does not challenge the underlying conviction).

DISMISSED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this…