U.S. v. MONTES-RUIZ

No. 12-50398.

745 F.3d 1286 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Javier MONTES-RUIZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 21, 2014.


Attorney(s) appearing for the Case

Devin Burstein , Warren & Burstein, San Diego, CA, for Defendant-Appellant.

Laura E. Duffy , United States Attorney, Bruce R. Castetter , Chief, Appellate Section, Criminal Division, James P. Melendres (argued), Assistant United States Attorney, San Diego, CA, for Plaintiff-Appellee.

Before: RONALD M. GOULD and JOHNNIE B. RAWLINSON, Circuit Judges, and IVAN L.R. LEMELLE, District Judge.


OPINION

RAWLINSON, Circuit Judge:

Javier Montes-Ruiz appeals the district court's decision to impose its sentence to run consecutively to an anticipated, but not-yet-imposed, federal sentence in a separate case. The United States (Government) counters that the appeal was rendered moot when the second sentencing court independently ordered that its sentence run consecutively to the first sentence. Montes-Ruiz also argues that the district court erred by sentencing...

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