Tagatac

MEMORANDUM *

Jonathan Tagatac filed a timely notice of appeal from the district court’s order authorizing his involuntary medication while in the custody of the Attorney General pending sentencing.

We dismiss this appeal as moot. Subsequent to the district court order here at issue, Tagatac was sentenced, and given supervised release. Although counsel represent that Tagatac has since been arrested and is being detained for violating a condition of his supervised release, this case does not fit within the “capable of *983 repetition yet evading review” exception to mootness. See Foster v. Carson, 347 F.3d 742, 746 (9th Cir.2003) (limiting the exception to instances where the challenged action is too short in duration to be fully litigated before cessation or expiration and there is a reasonable expectation that the same party will be subjected to the same action again).

In Washington v. Harper, 494 U.S. 210, 227 , 110 S.Ct. 1028 , 108 L.Ed.2d 178 (1990), the Supreme Court held that the Due Process Clause permits treatment of a prison inmate who has a serious mental illness with antipsychotic drugs against his will, “if the inmate is dangerous to himself or others and the…