UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6431
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CHARLES ROBERT BAREFOOT, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle,
District Judge. (5:05-cr-00166-BO)
Submitted: May 7, 2009 Decided: June 15, 2009
Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Charles Robert Barefoot, Jr., Appellant Pro Se. Rudolf A.
Renfer, Jr., Assistant United States Attorney, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Charles Robert Barefoot, Jr., appeals from a February
21, 2007 district court order finding, pursuant to 18 U.S.C.
§ 4241 (2006), that there was reasonable cause to believe
Barefoot was suffering from a mental disease or defect rendering
him mentally incompetent to stand trial. The court directed
Barefoot be remanded to the custody of the Attorney General for
a period not to exceed thirty days so that a mental competency
exam might be conducted and a report filed with the court. We
dismiss the appeal because it is moot.
Barefoot was remanded to the custody of the Attorney
General and found incompetent. The district court subsequently
ordered that he be involuntarily medicated in order to restore
his competency. His counsel appealed that order and the appeal
is pending in this court and the proceedings stayed in the
district court. Because the February 21, 2007 order is no
longer live, the appeal is moot. See Doe v. Kidd, 501 F.3d 348,
354 (4th Cir. 2007) (defining “mootness”), cert. denied, 128 S.
Ct. 1483 (2008).
Accordingly, we dismiss the appeal as moot and deny
Barefoot’s motion that all of his future filings in this appeal
be sealed. We also deny his motion for oral argument because
the facts and legal contentions are adequately presented in the
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materials before the court and argument would not aid the
decisional process.
DISMISSED
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