UNITED STATES v. ORONA (2021)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellant, v. Selso Randy ORONA, Defendant-Appellee.

No. 17-17508

Decided: February 18, 2021

Michael Bailey, United States Attorney; Krissa M. Lanham, Assistant United States Attorney; United States Attorney's Office, Phoenix, Arizona; for Plaintiff-Appellant. Jon M. Sands, Federal Public Defender; Keith J. Hilzendeger, Assistant Federal Public Defender; Office of the Federal Public Defender, Phoenix, Arizona; Jean-Claude André, Bryan Cave Leighton Paisner LLP, Santa Monica, California; for Defendant-Appellee.

ORDER

This Court previously stayed en banc proceedings in this case pending the Supreme Court's issuance of a decision in United States v. Borden, 769 Fed. App'x 266 (6th Cir. 2019), cert. granted, ––– U.S. ––––, 140 S.Ct. 1262, 206 L.Ed.2d 253 (2020) (mem.). On January 28, 2021, the government informed this Court that defendant-appellee, Selso Randy Orona, passed away. Due to Orona's death, we dismiss this appeal and “remand this case to the district court for dismissal of the petition for a writ of habeas corpus as moot and for further proceedings as may be required, including the vacatur of any prior orders.” Stanley v. Ryan, 716 F.3d 1272 (9th Cir. 2013).

THOMAS, Chief Judge:

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