Opinion
Editorial Note:
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)
Decided June 4, 1991.
Appeal from the United States District Court For the Eastern District of California, No. CR-87-0164-LKK; Lawrence K. Karlton, Chief Judge, Presiding.
E.D.Cal.
DISMISSED.
Before HUG, KOZINSKI and LEAVY, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3.
Russell B. Smith, a former federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion in which Smith alleged he was wrongfully denied bail pending trial. After bail was denied, he pleaded guilty to aiding and abetting mail fraud and aiding and abetting the sale of unregistered securities, and was sentenced to five years in prison.
Because Smith pleaded guilty, was sentenced, and has been released from prison, this appeal is dismissed as moot. See Headwaters, Inc. v. Bureau of Land Management, 893 F.2d 1012, 1015 (9th Cir.1989); United States v. Halliburton, 870 F.2d 557, 562 (9th Cir.), cert. denied, 492 U.S. 910 (1989).
DISMISSED.