[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________ FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

No. 99-10862 AUGUST 31, 2001

________________________ THOMAS K. KAHN

CLERK

D. C. Docket No. 98-00282-3-CV-RH JERRY J. KILPATRICK,

Petitioner-Appellee,

versus SAMUEL H. HOUSTON,

Respondent-Appellant.

________________________

Appeal from the United States District Court

for the Northern District of Florida

_________________________

(August 31, 2001)

ON REMAND FROM THE UNITED STATES SUPREME COURT Before BLACK, GODBOLD and FAY, Circuit Judges. PER CURIAM:

Petitioner-Appellee has been released from custody. This appeal is therefore moot. Accordingly, this appeal is DISMISSED, and this case is REMANDED to the district court with instructions to dismiss the petition as moot. See Bekier v. Bekier, 248 F.3d 1051, 1055-56 (11th Cir. 2001) (“‘Where a case becomes moot after the district court enters judgment but before the appellate court has issued a decision, the appellate court must dismiss the appeal, vacate the district court’s judgment, and remand with instructions to dismiss as moot.’”) (quoting United States v. Ghandtchi, 705 F.2d 1315, 1316 (11th Cir. 1986)).

DISMISSED and REMANDED with instructions.

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