Mohamed

MEMORANDUM *

*880 Omar Abdi Mohamed appeals his sentence of 18 months, which was imposed after he was convicted of three counts of violating 18 U.S.C. § 1546 (a) and three counts of violating 18 U.S.C. § 1015 (a). We affirm.

Mohamed’s appeal is not moot even though he has served his sentence and been deported, since he continues to be subject to conditions of supervised release should he return to the United States. 1 We have previously held that being subject to supervised release suffices to keep a post-release challenge, aimed solely at the incarceration sentence already served, from being moot, since a district court has the discretion upon re-sentencing to reduce the continuing term of supervised release. United States v. Allen, 434 F.3d 1166, 1170 (9th Cir.2006).

As to the merits of Mohamed’s sentencing challenge, the district court did an analysis under the now-advisory Sentencing Guidelines, as it should, but made it crystal clear that it would have imposed the same 18 month sentence reasoning directly from the factors provided in 18 U.S.C. § 3553 (a), regardless of the Guidelines analysis. Therefore, we need not separately examine the district court’s computation of…