United States v. Sigma International, Inc.
Docket: 97-2618
Court: Court of Appeals for the Eleventh Circuit; November 29, 1999; Federal Appellate Court
Original Court Document: View Document
The Eleventh Circuit Court addressed a motion filed by appellants Sigma International, Inc. and Charles Sternisha to dismiss their appeal as moot, which the government opposed. This motion arose after a plea agreement was reached between the parties following the Court's second opinion in United States v. Sigma Int’l, Inc., 244 F.3d 841 (2001), but before the Court granted rehearing en banc, which vacated that opinion. The district court expressed concerns about its jurisdiction to accept the plea agreement before the mandate was issued. The Court denied the appellants’ motion to dismiss, determining that the appeal is not moot because there is currently no binding opinion in the case, and the original judgment of conviction and sentence remains effective. Although the Court acknowledged the agreement between the parties, it opted to remand the case to the district court to allow it to accept the plea agreement, thereby resolving any jurisdictional uncertainties. The Eleventh Circuit retained jurisdiction over the case and indicated a willingness to vacate the original judgment if the district court accepts the plea agreement. The final ruling was: the motion to dismiss as moot was denied, the case was remanded for the limited purpose of accepting the plea agreement, and jurisdiction was retained.