Arnette

United States v. Arnette

Good Law
329 F. App'x 714
United States Court of Appeals for the Ninth CircuitMay 11, 2009No. 06-56823California286 words

Opinion

Lead Opinion

ORDER **

Appellant David Lee Arnette (“Ar-nette”)’s petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241 , is hereby dismissed as moot because this court lacks jurisdiction. Arnette is currently in custody awaiting disposition of unrelated federal bank robbery and firearms charges in United States v. Arnette, No. 08 Cr 166(MCE) (E.D.Cal.). That custody is not challenged in this appeal. Arnette here challenges his twenty-nine-month detention in the Metropolitan Detention Center (“MDC”), prior to conditional release, after he was found not guilty by reason of insanity (“NGRI”) on federal bank robbery charges. That claim became moot when he was placed in custody pending disposition of the new charges.

A case becomes moot when “it no longer presents] a case or controversy under Article III, § 2, of the Constitution.” Spencer v. Kemna, 528 U.S. 1, 7-8 , 118 S.Ct. 978 , 140 L.Ed.2d 43 (1998). In order to satisfy the case-or-controversy requirement, the parties must have a personal stake in the outcome of the suit throughout “all stages of federal judicial proceedings.” United States v. Verdin, 243 F.3d 1174, 1177 (9th Cir.2001). A petitioner’s release from custody does…

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