Unpublished Disposition, 859 F.2d 154 (9th Cir. 1987)

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US Court of Appeals for the Ninth Circuit - 859 F.2d 154 (9th Cir. 1987)

UNITED STATES of America, Plaintiff-Appellee,v.Elizabeth DALEBOUT, Defendant-Appellant.

Nos. 87-3161, 87-3105.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Sept. 14, 1988.Decided Sept. 16, 1988.

Before SCHROEDER, PREGERSON and LEAVY, Circuit Judges.


MEMORANDUM* 

Defendant appeals from the district court's judgment convicting her of two counts of criminal contempt under 18 U.S.C. § 401(3).

Before us the defendant asserts that the district court's order, dated nunc pro tunc November 10, 1987, "is determinative of [her] appeal."

The district court stated:

IT IS HEREBY ORDERED that defendant's conviction for criminal contempt is purged.

IT IS FURTHER ORDERED that defendant's sentence is reduced to the time served in custody and the defendant is granted credit for time served.

IT IS FURTHER ORDERED that defendant be released from custody.

United States v. Dalebout, Civil No. 87-1091, CR No. 87-42-PA (nunc pro tunc November 10, 1987).

Our review of the record leads us to conclude that this order vacated Ms. Dalebout's criminal contempt convictions and purged her of any civil contempt. See Fed. R. Crim. P. 33. This conclusion is supported by the minute entry dated November 10, 1987, in which the district judge says "ORDER--PURGING Contempt Charge." Thus, the matter is moot.

 *

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