United States v. Donald Streich

MEMORANDUM

Defendant-Appellant Donald Jay Streich appeals the district court’s denial of his post-sentencing motion to amend the presentence report (“PSR”), which was prepared by the probation office following Streich’s conviction for sexual abuse of a minor. Streich seeks to remove from the PSR certain details of his prior sexual abuse of others that he admitted as a juvenile during psychosexual treatment after receiving a prosecutor’s grant of immunity. Streich filed his motion after the government filed a petition in the Eastern District of North Carolina seeking to commit him as a sexually dangerous person pursuant to the Adam Walsh Act, 18 U.S.C. § 4248 . After the North Carolina district court entered a judgment ruling that Streich was not a sexually dangerous person requiring civil commitment, the district court denied Streich’s motion as moot. This Court reviews a district court’s determination of mootness de novo. Anaheim Mem’l Hosp. v. Shalala, 130 F.3d 845 , 849 (9th Cir.1997). We affirm.

A federal court does not have jurisdiction to rule on an issue if an event occurs during the pendency of litigation that renders the issue moot. GTE Cal., Inc. v. Fed. Commc’ns…