Phelps

MEMORANDUM **

Coy Ray Phelps appeals the dismissal of his 28 U.S.C. § 2241 petition challenging his arrest and rehospitalization for violating conditions of release. The district court correctly dismissed the petition on the ground that this court’s decision in United States v. Phelps, 283 F.3d 1176 (9th Cir.2002), renders this appeal moot. This court previously held that Phelps was improperly conditionally released from being hospitalized, following an acquittal by reason of insanity of charges stemming from possession, manufacture and placement of pipe bombs. Id. at 1178 . Upon remand, the district court rehospitalized Phelps as instructed by this court. Phelps is not currently hospitalized pursuant to his arrest for violating conditions of supervision. Phelps’ challenges to his arrest for violating conditions of supervision therefore no longer present a live case or controversy, because his arrest has no bearing on his current state of being hospitalized pursuant to this court’s instructions. See United States v. Verdin, 243 F.3d 1174, 1177 (9th Cir.2001) (stating that a case becomes moot when it no longer satisfies the case- or-controversy requirement of Article III of the…