U.S. v. PAYTON

No. 07-10567.

593 F.3d 881 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Clay PAYTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 15, 2010.


Attorney(s) appearing for the Case

Sherrill A. Carvalho, Assistant U.S., Brian William Enos, Esquire, Assistant U.S., Office of the U.S. Attorney, Fresno, CA, for Plaintiff-Appellee.

Eric V. Kersten, Assistant Federal Public Defender, Federal Public Defender's Office, Fresno, CA, for Defendant-Appellant.

Before WILLIAM C. CANBY, JR. and KIM McLANE WARDLAW, Circuit Judges, and RICHARD MILLS, District Judge.


ORDER

This order addresses procedural issues that arose after the filing of our opinion in this matter on July 21, 2009. See United States v. Payton, 573 F.3d 859 (9th Cir. 2009). The issues primarily concern post-opinion mootness and the question whether our opinion should be vacated and the appeal dismissed as moot. We deny vacatur and dismissal.

Our opinion held that a search of Payton's computer was unlawful,...

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