United States v. Pool

                                                                              FILED
                                FOR PUBLICATION                                SEP 19 2011

                                                                          MOLLY C. DWYER, CLERK
                    UNITED STATES COURT OF APPEALS                          U .S. C O U R T OF APPE ALS



                            FOR THE NINTH CIRCUIT



UNITED STATES OF AMERICA,                         No. 09-10303

              Plaintiff - Appellee,               D.C. No. 2:09-cr-00015-EJG-1

  v.
                                                  ORDER
JERRY ARBERT POOL,

              Defendant - Appellant.



Before:      KOZINSKI, Chief Judge, PREGERSON, RYMER, GRABER, W.
             FLETCHER, PAEZ, BEA, M. SMITH, IKUTA, N.R. SMITH and
             MURGUIA, Circuit Judges.

       We have been advised that Pool has entered a guilty plea. The parties agree

there is no longer a live controversy, and the case is moot. See In re Pattullo, 271

F.3d 898, 900 (9th Cir. 2001) (“If a case becomes moot while pending on appeal, it

must be dismissed.”). Accordingly, we dismiss the appeal, vacate the panel’s

opinion, vacate the district court’s and magistrate judge’s orders and remand with

instructions to dismiss the action. See United States v. Munsingwear, Inc., 340 U.S.

36, 39 (1950).

       The oral argument set for September 20, 2011 in San Francisco, California is

vacated.