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CORNEJO-BARRETTO v. SIEFERT

No. 02-56605.

389 F.3d 1307 (2004)

Ramiro CORNEJO-BARRETO, Petitioner-Appellant, v. W.H. SIEFERT, Warden of the Metropolitan Detention Center, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 19, 2004.

Attorney(s) appearing for the Case

Craig M. Wilke, DFPD, FPDCA-Federal Public Defender's Office, Santa Ana, CA, for Petitioner-Appellant.

Douglas N. Letter, Attorney, U.S. Department of Justice Civil Division, Appellate Staff, Washington, DC, for Respondent-Appellee.

Before SCHROEDER, Chief Judge, and WALLACE, PREGERSON, REINHARDT, KOZINSKI, RYMER, WARDLAW, PAEZ, RAWLINSON, CLIFTON, and CALLAHAN, Circuit Judges.

ORDER

The government has filed an unopposed motion to dismiss the case as moot. It has also filed a motion for leave to supplement its motion papers, which we grant. We grant the motion to dismiss the appeal as moot.

Given dismissal of the appeal, the parties' stipulated request for an order releasing Cornejo-Barreto pending determination of the motion to dismiss is moot. However, as there is no longer any basis upon which to hold Cornejo-Barreto in custody...

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