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United States v. Gibson

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jun 18, 2018
No. 17-10045 (9th Cir. Jun. 18, 2018)

Opinion

No. 17-10045

06-18-2018

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. IRA DWAYNE GIBSON, AKA James Long, Defendant-Appellant.


NOT FOR PUBLICATION

D.C. No. 4:14-cr-00217-JD-1 MEMORANDUM Appeal from the United States District Court for the Northern District of California
James Donato, District Judge, Presiding Submitted May 24, 2018 San Francisco, California Before: WALLACE and BERZON, Circuit Judges, and MUELLER, District Judge.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

The Honorable Kimberly J. Mueller, United States District Judge for the Eastern District of California, sitting by designation. --------

Appellant Ira Dwayne Gibson appeals a suspicionless search condition imposed as part of his supervised release sentence. Gibson's appeal was fully briefed on October 30, 2017. The court set oral argument for March 16, 2018, but vacated oral argument upon Gibson's emergency motion to continue the hearing in light of his counsel's illness. On March 30, 2018, the court ordered the parties to address whether this appeal is moot.

The government represents that Gibson completed his term of supervised release on April 22, 2018. Gibson does not dispute this representation, nor does he demonstrate any exception to the mootness doctrine applies here. This appeal became moot on April 22, 2018 when Gibson completed his sentence. See United States v. King, No. 17-10006, slip op. at 1-6, ___ F.3d ___, 2018 WL 2473489 (9th Cir. June 4, 2018); United States v. Palomba, 182 F.3d 1121, 1123 (9th Cir. 1999). The appeal is therefore DISMISSED.


Summaries of

United States v. Gibson

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jun 18, 2018
No. 17-10045 (9th Cir. Jun. 18, 2018)
Case details for

United States v. Gibson

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. IRA DWAYNE GIBSON, AKA…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jun 18, 2018

Citations

No. 17-10045 (9th Cir. Jun. 18, 2018)