CLAIBORNE v. UNITED STATES

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87 OCTOBER TERM, 2006
Per Curiam
CLAIBORNE v. UNITED STATES
certiorari to the united states court of appeals for
the eighth circuit
No. 06–5618. Argued February 20, 2007—Decided June 4, 2007
439 F. 3d 479, vacated as moot.
Michael Dwyer argued the cause for petitioner. With
him on the briefs were Lee T. Lawless and David
Hemingway.
Deputy Solicitor General Dreeben argued the cause for
the United States. With him on the brief were Solicitor
General Clement, Assistant Attorney General Fisher, Dan
Himmelfarb, Matthew D. Roberts, Nina Goodman, and Jef
frey P. Singdahlsen.*
Per Curiam.
The Court is advised that the petitioner died in St. Louis,
Missouri, on May 30, 2007. The judgment of the United
States Court of Appeals for the Eighth Circuit is therefore
*Briefs of amici curiae urging reversal were filed for Families Against
Mandatory Minimums by Gregory L. Poe, Mary Price, and Peter Gold
berger; for Federal Public and Community Defenders et al. by Thomas W.
Hillier II, Amy Baron-Evans, Laura E. Mate, and Sara E. Noonan; for
the National Association of Criminal Defense Lawyers by Miguel A. Es
trada, David Debold, and Jeffrey L. Fisher; for the New York Council of
Defense Lawyers by Alexandra A. E. Shapiro and Paul H. Schwartz; for
the Sentencing Project et al. by Matthew M. Shors and Pammela Quinn;
and for the Washington Legal Foundation et al. by Daniel J. Popeo and
Paul D. Kamenar.
Robert E. Toone and Katherine J. Fick filed a brief for Senator Edward
M. Kennedy et al. as amici curiae urging affirmance.
Briefs of amici curiae were filed for Law Professors Who Study Sen
tencing Reform by Edward S. Lee; and for the United States Sentencing
Commission by David C. Frederick and Pamela O. Barron.

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88 CLAIBORNE v. UNITED STATES
Per Curiam
vacated as moot. See United States v. Munsingwear, Inc.,
340 U. S. 36 (1950).
It is so ordered.