Opinion
No. 07-30378.
Argued and Submitted August 4, 2008.
Filed August 14, 2008.
Eric B. Wolff, Esquire, USBI-Office of the U.S. Attorney, Billings, MT, for Plaintiff-Appellee.
John P. Rhodes, Esquire, FDMT-Federal Defenders of Montana, Missoula, MT, for Defendant-Appellant.
Appeal from the United States District Court for the District of Montana, Donald W. Molloy, Chief District Judge, Presiding. D.C. No. CR-03-00015-DWM.
Before: PREGERSON, CANBY, and NOONAN, Circuit Judges.
ORDER
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
The United States Attorney's Office has represented that if a hearing is held it will defer to the judgment of Timothy Boule's probation officer, who does not believe further incarceration is necessary for the alleged violation at issue in this appeal. The hearing, therefore, would be pro forma. This court construes the government's statement as agreement that no hearing is necessary and so none will be sought. The appeal is DISMISSED AS MOOT.