UNITED STATES v. ARMSTRONG (2019)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Lewis Dean ARMSTRONG, Defendant-Appellant.

No. 18-30057

Decided: March 21, 2019

Before: GOULD and PAEZ, Circuit Judges, and BASHANT,* District Judge.

Helen J. Brunner, Esquire, Assistant U.S. Attorney, J. Tate London, Assistant U.S. Attorney, Michael Symington Morgan, Assistant U.S. Attorney, Sarah Kate Vaughan, Assistant U.S. Attorney, DOJ-Office of the U.S. Attorney, Seattle, WA, for Plaintiff-Appellee Robert Harris Gombiner, Law Offices of Robert Gombiner, Seattle, WA, for Defendant-Appellant

MEMORANDUM **

Lewis Dean Armstrong appeals the district court’s finding that he is incompetent to continue with post-conviction proceedings. This court remanded for a competency determination after the government made an offer to Armstrong to resolve the parties’ cross-appeals of his conviction and sentence under 18 U.S.C. § 2241(c). Since the district court made its incompetency finding, however, the parties stipulate that the government has withdrawn its offer. We conclude this appeal is now moot because the offer has been withdrawn. Accordingly, we dismiss this appeal and lift the stay on the parties’ related appeals in Nos. 15-30178, 15-30215, and 16-30208.

All pending motions are denied as moot.

DISMISSED.

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