878 F2d 387 United States v. Hamilton
878 F.2d 387
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
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.
ORDER DISMISSING APPEAL
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).
DISMISSED and REMANDED.