U.S. v. TAPIA-MARQUEZ

Nos. 03-50167, 03-50223.

361 F.3d 535 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Tomas TAPIA-MARQUEZ, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Tomas Tapia-Marquez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 9, 2004.


Attorney(s) appearing for the Case

Michelle D. Anderson, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Carol C. Lam, United States Attorney, Mark R. Rehe, Assistant U.S. Attorney, United States Attorney's Office, San Diego, CA, for the plaintiff-appellee.

Before: SILVERMAN, GOULD, and BEA, Circuit Judges.


SILVERMAN, Circuit Judge.

We hold today that a criminal defendant, whose appeal of a judgment revoking his supervised release became moot when he was released from custody while the appeal was pending, is not entitled to vacatur of the judgment where existing precedent squarely foreclosed the only issue he raised in his appeal.

Factual and Procedural Background

In 2001, Tapia-Marquez was convicted of unlawful reentry after deportation in violation...

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