UNITED STATES v. GIBSON AKA (2018)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Ira Dwayne GIBSON, AKA James Long, Defendant-Appellant.

No. 17-10045

Decided: June 18, 2018

Before: WALLACE and BERZON, Circuit Judges, and MUELLER,** District Judge.

Susan B. Gray, J. Douglas Wilson, Assistant U.S. Attorney, DOJ-USAO, San Francisco, CA, for Plaintiff-Appellee Scott Sugarman, Sugarman & Cannon, San Francisco, CA, for Defendant-Appellant

MEMORANDUM ***

Appellant Ira Dwayne Gibson appeals a suspicionless search condition imposed as part of his supervised release sentence. Gibson’s appeal was fully briefed on October 30, 2017. The court set oral argument for March 16, 2018, but vacated oral argument upon Gibson’s emergency motion to continue the hearing in light of his counsel’s illness. On March 30, 2018, the court ordered the parties to address whether this appeal is moot.

The government represents that Gibson completed his term of supervised release on April 22, 2018. Gibson does not dispute this representation, nor does he demonstrate any exception to the mootness doctrine applies here. This appeal became moot on April 22, 2018 when Gibson completed his sentence. See United States v. King, 891 F.3d 868 (9th Cir. 2018); United States v. Palomba, 182 F.3d 1121, 1123 (9th Cir. 1999). The appeal is therefore DISMISSED.

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