U.S. v. Butler

Full title: UNITED STATES of America, Plaintiff--Appellee, v. Duke Gary BUTLER…

Court: United States Court of Appeals, Ninth Circuit

Date published: Oct 4, 2002

48 F. App'x 630 (9th Cir. 2002)

Opinion

48 Fed.Appx. 630 (9th Cir. 2002) UNITED STATES of America, Plaintiff--Appellee, v. Duke Gary BUTLER, Defendant--Appellant. No. 01-10729. D.C. No. CR-00-00054-RGS. United States Court of Appeals, Ninth Circuit. Oct. 4, 2002

Submitted August 5, 2002 ^*.

* This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the District of Arizona Roger G. Strand, District Judge, Presiding.

Page 631.

Before CHOY, SKOPIL and FARRIS, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Duke Gary Butler appealed the sentence imposed following his conviction for assault with a dangerous weapon, in violation of 18 U.S.C. §§ 113(a)(3) and 1153, and use of a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c). On June 8, 2002, during the pendency of this appeal, Butler died. We, therefore, DISMISS the appeal as moot, and REMAND the case to the district court with instruction to vacate the sentence.