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United States v. Gilbert R. Cardenas

Citations: 792 F.2d 906; 1986 U.S. App. LEXIS 31040Docket: 86-5039

Court: Court of Appeals for the Ninth Circuit; June 20, 1986; Federal Appellate Court

Narrative Opinion Summary

The United States Court of Appeals for the Ninth Circuit vacated its prior opinion filed on March 7, 1986, regarding the case of United States v. Gilbert R. Cardenas. The court determined that Cardenas' conviction on the underlying indictment rendered the bail appeal moot. Consequently, both the petition for rehearing and the suggestion for rehearing en banc were dismissed as moot. The hearing involved Circuit Judges Wright, Tang, and Poole, with representation for both the plaintiff-appellee and defendant-appellant.

Legal Issues Addressed

Dismissal of Petitions for Mootness

Application: The petitions for rehearing and for rehearing en banc were dismissed as moot due to the change in the case's status following the conviction.

Reasoning: Consequently, both the petition for rehearing and the suggestion for rehearing en banc were dismissed as moot.

Mootness in Appellate Proceedings

Application: The court determined that the appeal concerning bail was rendered moot due to the conviction on the underlying indictment, thereby nullifying the need for further judicial review.

Reasoning: The court determined that Cardenas' conviction on the underlying indictment rendered the bail appeal moot.