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.