FILED NOT FOR PUBLICATION JUN 24 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 10-10074 Plaintiff - Appellee, D.C. No. 1:09-cr-00403-DAE-1 v. ORDER JONATHAN K. TAGATAC, Defendant - Appellant.

Appeal from the United States District Court for the District of Hawaii David A. Ezra, District Judge, Presiding Submission Deferred October 4, 2010 Resubmitted June 20, 2011 * San Francisco, California Before: BEEZER, KLEINFELD, and GRABER, Circuit Judges.

The United States’ Motion to Dismiss Appeal as Moot is GRANTED.

DISMISSED.

* The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).