Unpublished Disposition, 878 F.2d 387 (9th Cir. 1988)

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U.S. Court of Appeals for the Ninth Circuit - 878 F.2d 387 (9th Cir. 1988)

UNITED STATES of America, Plaintiff-Appellee,v.Brian Patrick HAMILTON, Defendant-Appellant.

No. 88-15433.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted June 9, 1989.Decided June 23, 1989.

Lloyd D. George, District Judge, Presiding.

Elliott A. Sattler, Magistrate, Presiding.

Before TANG, CANBY and O'SCANNLAIN, Circuit Judges.


This case on appeal is moot. The Magistrate dismissed the citations against defendant Hamilton on April 7, 1987. The District Judge dismissed the information against Hamilton on July 24, 1987 pursuant to the government's Fed. R. Crim. P. 48(a) motion to dismiss. There was no case or controversy pending at the time the district court issued its order on July 5, 1988. It is therefore ordered dismissing this appeal as moot.

The case is remanded to the district court with instructions to vacate its July 5, 1988 "Order Reversing Magistrate's Orders" in accordance with United States v. Munsingwear, 340 U.S. 36 (1950).