UNITED STATES of America v. Michael Edward Caton

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES of America,
Plaintiff-Appellee,
v.
MICHAEL EDWARD CATON,
Defendant-Appellant.
No. 21-30168
D.C. No. 3:21-cr-05040-BHS-1
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
Benjamin H. Settle, District Judge, Presiding
Argued and Submitted August 31, 2022
Seattle, Washington
Before: HAWKINS, McKEOWN, and SANCHEZ, Circuit Judges.
Michael Edward Caton appeals the district court’s imposition of an
electronic search condition as a special condition of supervised release. We have
jurisdiction pursuant to 28 U.S.C. § 1291. While this appeal was pending, the
district court revoked Caton’s previous term of supervised release and imposed a
new supervised release term that does not include an electronic search condition.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
FILED
DEC 9 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2
Because Caton is no longer subject to the condition he challenges on appeal, “there
is nothing for us to remedy,” and we dismiss his appeal as moot. See Spencer v.
Kemna, 523 U.S. 1, 18 (1998).
DISMISSED.

-- 2 of 2 --