United States v. Rene Sanchez-Gomez

IKUTA, Circuit Judge,

with whom ■O’SCANNLAIN, SILVERMAN, GRABER, and CALLAHAN, Circuit Judges, join, dissenting:

Far removed from the potential dangers of a trial court, the majority holds that criminal defendants whose cases are now moot can use their individual appeals as vehicles to invalidate the prospective application of a federal district court’s policy of deferring to the United States Marshals Service on questions of courtroom security. In reaching this conclusion, the majority ignores Article Ill’s limitations on federal judicial power, conjures up an unsupported and unprecedented…