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U.S. v. PEMBERTON

No. 87-1877.

852 F.2d 1241 (1988)

UNITED STATES of America, Plaintiff/Appellee, v. Robert B. PEMBERTON, Jr., Defendant. Appeal of Michael H. METZGER.

United States Court of Appeals, Ninth Circuit.

Decided August 5, 1988.

Attorney(s) appearing for the Case

Michael H. Metzger, Sausalito, Cal., pro se.

John Stephen Graham, Asst. U.S. Atty., San Francisco, Cal., for plaintiff/appellee.

Ephraim Margolin, San Francisco, Cal., and Christina C. Arguedas, Berkeley, Cal., for amici curiae.

AJ. Kutchins, Berkeley, Cal., amici curiae, National Association of Criminal Defense Lawyers and California Attorneys for Criminal Justice.

Before SKOPIL, Jr., NELSON and BEEZER, Circuit Judges.

PER CURIAM:

We are asked on this appeal to determine whether the government's refusal to release assets, forfeited pursuant to 21 U.S.C. § 881(a)(6) (1982), to pay the attorneys fees of a criminal defendant violates the sixth amendment right to counsel. We are unable to reach this issue, however, because we conclude that the defendant's plea agreement in another case, providing for forfeiture of the assets at issue, renders this appeal moot. We therefore dismiss...

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