Opinion
551 U.S. 87 (2007) 127 S.Ct. 2245, 167 L.Ed.2d 1080 Mario CLAIBORNE, Petitioner, v. UNITED STATES. No. 06-5618. United States Supreme Court June 4, 2007
439 F.3d 479, vacated as moot.
COUNSEL
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 Jeffrey P. Singdahlsen.
OPINION
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 vacated as moot. See United States v. Munsingwear, Inc., 340 U.S. 36, 71 S.Ct. 104, 95 L.Ed. 36 (1950).
It is so ordered.
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 Sentencing Reform by Edward S. Lee; and for the United States Sentencing Commission by David C. Frederick and Pamela O. Barron.