Legal Opinion
United States v. Tomas Tapia-Marquez, United States of America v. Tomas Tapia-Marquez
Court of Appeals for the Ninth Circuit
Decided March 9, 2004No. 03-50167, 03-50223PublishedCited by 15 opinions
1Opinion of the Court
SILVERMAN, Circuit Judge.
We hold today that a criminal defendant, whose appeal of a judgment revoking his supervised release became moot when he was released from custody while the appeal was pending, is not entitled to vacatur of the judgment where existing precedent squarely foreclosed the only issue he raised in his appeal.
Factual and Procedural Background
In 2001, Tapia-Marquez was convicted of unlawful reentry after deportation in violation of 8 U.S.C. § 1326. He was sentenced to 60 days imprisonment, followed by one year of supervised release. He was released from custody on April 12,…
2Cases cited11 opinions
- United States v. Munsingwear, Inc.Supreme Court of the United States · 1950
- 389 Orange Street Partners v. ArnoldCourt of Appeals for the Ninth Circuit · 1999
- American Games, Inc., Intervenor-Appellant v. Trade Products, Inc., and Stuart Entertainment, Inc.Court of Appeals for the Ninth Circuit · 1998
- United States v. GhandtchiCourt of Appeals for the Eleventh Circuit · 1983
- United States v. Carlo Alberto VentreCourt of Appeals for the Ninth Circuit · 2003
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3Cited by15 opinions
- United States v. Andres Lopez-CruzCourt of Appeals for the Ninth Circuit · 2013
- UNITED STATES v. RAUL ORTUÑO-HIGAREDACourt of Appeals for the Ninth Circuit · 2005
- United States v. Joseph ArpaioCourt of Appeals for the Ninth Circuit · 2020
- United States v. David MarkCourt of Appeals for the Ninth Circuit · 2015
- State v. ShannonHawaii Supreme Court · 2008
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