Opinion
No. 97-10045
Argued and Submitted October 10, 1997 — San Francisco, California
Opinion Filed: December 15, 1997 Withdrawn: February 26, 1998 WITHDRAWING OPINION; DISMISSING THE PETITION AS MOOT, AND DISMISSING THE APPEAL
Appeal from the United States District Court for the District of Arizona, Earl H. Carroll, District Judge, Presiding. D.C. No. CR-95-00212-1-EHC.
Before: Betty B. Fletcher, Charles Wiggins and Pamela Ann Rymer, Circuit Judges.
ORDER
The parties have informed the court that on December 9, 1997, appellant was determined to be no longer suffering from a mental disease or defect and therefore will be resentenced under the sentencing guidelines. Resentencing is currently scheduled for February 23, 1998. This moots the appeal currently pending before this court.
Because there ceased to be a case or controversy before this court acted upon the petition for rehearing and en banc request, we DISMISS the petition as moot, WITHDRAW the opinion filed on December 15, 1997, and DISMISS the appeal.