Mary Ann Cummins Monteleone, Petitioner-appellant, v. Municipal Court Ca.; County of Solano Northern Solanojudicial District, et al., Respondents-appellees.anthony S. Monteleone, Petitioner-appellant, v. Municipal Court Ca.; County of Solano Northern Solanojudicial District, et al., Respondents-appellees,, 981 F.2d 1258 (9th Cir. 1992)

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U.S. Court of Appeals for the Ninth Circuit - 981 F.2d 1258 (9th Cir. 1992) Submitted Nov. 23, 1992. **Decided Dec. 8, 1992

Before SCHROEDER, FLETCHER and NOONAN, Circuit Judges.


MEMORANDUM*** 

Mary Ann Cummins-Monteleone and Anthony S. Monteleone appeal the district court's denial of their 28 U.S.C. § 2254 habeas petitions. They have both been released from custody since the district court denied their petitions, and have only to pay a $60,000 fine to complete their sentences. Because they are not presently in custody and have not demonstrated that they face future custody, this court lacks jurisdiction to consider their appeals. See Rule 2, Rules Governing Section 2254 Cases, 28 U.S.C. foll. § 2254; Dremann v. Francis, 828 F.2d 6, 7 (9th Cir. 1987) (per curiam); see also United States v. Michaud, 901 F.2d 5, 7 (1st Cir. 1990) (per curiam). Therefore, we dismiss their appeals as moot.

DISMISSED.

 *

We consolidate these cases on our own motion

 **

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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