USA V. MICHAEL CATON, No. 21-30168 (9th Cir. 2022)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED DEC 9 2022 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES of America, Plaintiff-Appellee, No. U.S. COURT OF APPEALS 21-30168 D.C. No. 3:21-cr-05040-BHS-1 v. MEMORANDUM* MICHAEL EDWARD CATON, Defendant-Appellant. Appeal from the United States District Court for the Western District of Washington Benjamin H. Settle, District Judge, Presiding Argued and Submitted August 31, 2022 Seattle, Washington Before: HAWKINS, McKEOWN, and SANCHEZ, Circuit Judges. Michael Edward Caton appeals the district court’s imposition of an electronic search condition as a special condition of supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291. While this appeal was pending, the district court revoked Caton’s previous term of supervised release and imposed a new supervised release term that does not include an electronic search condition. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Because Caton is no longer subject to the condition he challenges on appeal, “there is nothing for us to remedy,” and we dismiss his appeal as moot. See Spencer v. Kemna, 523 U.S. 1, 18 (1998). DISMISSED. 2

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