U.S. Court of Appeals for the Ninth Circuit, 1983

Robert Mata v. George W. Sumner, Warden of the California State Prison at San Quentin

Robert Mata v. George W. Sumner, Warden of the California State Prison at San Quentin
U.S. Court of Appeals for the Ninth Circuit · Decided December 14, 1983 · Ely, Sneed, Takasugi
721 F.2d 1251; 1983 U.S. App. LEXIS 14506 (Federal Reporter, Second Series)

Robert Mata v. George W. Sumner, Warden of the California State Prison at San Quentin

Opinion

On January 20,1983, our Court issued its latest OPINION in the subject case, 696 F.2d 1244. A petition for certiorari to the Supreme Court was granted, — U.S. —, 104 S.Ct. 386, 78 L.Ed.2d 332, with Justice Stevens dissenting. We have now received the Supreme Court’s mandate, and under that mandate, our Court’s judgment is vacated, and the cause is remanded to our Court “with directions to dismiss the appeal as moot.”

Following the Supreme Court’s directive, the appellant’s appeal, being moot, 1 is hereby

DISMISSED.

1

. The reason for mootness, according to our information, is that in August 1983, the appellant entered a plea of guilty to a charge of voluntary manslaughter and was sentenced to a 6-year term of imprisonment. Since he had already served that period of time, because of his original conviction of murder, we are advised that he has been freed.

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