Unpublished Disposition, 894 F.2d 1344 (9th Cir. 1990)

MEMORANDUM^** 

Hoch's habeas petition did not attack his underlying conviction; it attacked only the denial of bail and a stay of his prison sentence pending appeal. Accordingly, the petition became moot in September 1988 when Hoch was released from prison and placed on probation. See Murphy v. Hunt, 455 U.S. 478, 481-82 & n. 5 (1982). Hoch cannot escape mootness under the collateral consequence rule, as his inability to be admitted into a sex offenders' treatment program without first admitting his guilt will persist despite any determination we might make as to the constitutionality of the bail denial. See Cox v. McCarthy, 829 F.2d 800, 803 (9th Cir. 1987). Nor can Hoch find refuge in the "capable-of-repetition doctrine," id., as this doctrine is not satisfied by speculation that Hoch may someday be convicted of another crime and again be denied bail pending appeal. Id. at 804 & n. 3.

AFFIRMED.