United States of America v. Lewis Dean Armstrong

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
LEWIS DEAN ARMSTRONG,
Defendant-Appellant.
No. 18-30057
D.C. No.
2:13-cr-00322-RAJ-1
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
Richard A. Jones, District Judge, Presiding
Argued and Submitted March 4, 2019
Seattle, Washington
Before: GOULD and PAEZ, Circuit Judges, and BASHANT,** District Judge.
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.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The Honorable Cynthia A. Bashant, United States District Judge for
the Southern District of California, sitting by designation.
FILED
MAR 21 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2
§ 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parties stipulate that the government has withdrawn its offer.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appeal is now moot because the offer has been withdrawn.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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