Court of Appeals for the Ninth Circuit January 15, 2004, No. 01-50724; D.C. No. CR-99-01101-JSL-01 (United States v. Defabritis)

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United States · · · 15-01-2004

MEMORANDUM**

On October 29, 2003, the district court issued an order dismissing petitioner’s indictment with prejudice. Because there is no longer a case or controversy, this ap*658peal is dismissed as moot. See United States v. Mann, 138 F.3d 758 (9th Cir. 1997) (order).

DISMISSED.

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