Unpublished Disposition, 935 F.2d 277 (9th Cir. 1991)

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U.S. Court of Appeals for the Ninth Circuit - 935 F.2d 277 (9th Cir. 1991)

UNITED STATES of America, Plaintiff-Appellee,v.Russell B. SMITH, Defendant-Appellant.

No. 88-15372.

United States Court of Appeals, Ninth Circuit.

Submitted May 29, 1991.^* Decided June 4, 1991.

Before HUG, KOZINSKI and LEAVY, Circuit Judges.

MEMORANDUM^**

Russell B. Smith, a former federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion in which Smith alleged he was wrongfully denied bail pending trial. After bail was denied, he pleaded guilty to aiding and abetting mail fraud and aiding and abetting the sale of unregistered securities, and was sentenced to five years in prison.

Because Smith pleaded guilty, was sentenced, and has been released from prison, this appeal is dismissed as moot. See Headwaters, Inc. v. Bureau of Land Management, 893 F.2d 1012, 1015 (9th Cir. 1989); United States v. Halliburton, 870 F.2d 557, 562 (9th Cir.), cert. denied, 492 U.S. 910 (1989).

DISMISSED.

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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