UNITED STATES of America, Appellant, v. Richard SMITH and Mark Watson, Defendants-Appellees.

No. 06-3999-cr.United States Court of Appeals, Second Circuit.
August 28, 2008.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from the United States District Court for the Southern District of New York (Kaplan, J.).

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED ANDDECREED that the appeal be DISMISSED as moot.

Caroline Rule (Robert S. Fink, Fran Obeid, on the brief), Kostelanetz Fink LLP, New York, NY, for Defendant-Appellee, Smith.

Michael S. Kim (Leif T. Simonson, on the brief), Kobre Kim LLP, New York, NY, for Defendant-Appellee, Watson.

John M. Hillebrecht, Assistant United States Attorney (Michael J. Garcia, United States Attorney, Southern District of New York, on the brief; Margaret Garnett, Katherine Polk Failla, Assistant United States Attorneys, of counsel), United States Attorney’s Office for the Southern District of New York, New York, NY, for Appellant.

Page 387

Ronald E. DePetris (Marion Bachrach, Dana Moskowitz, on the brief), DePetris Bachrach, LLP, New York, NY, for Amici Curiae Randy Bickham, Larry DeLap, Steven Gremminger, Carl Hasting, Richard Rosenthal, Carol Warley and Philip Wiesner.

PRESENT: Hon. DENNIS JACOBS, Chief Judge, Hon. WILFRED FEINBERG and Hon. PETER W. HALL, Circuit Judges.

SUMMARY ORDER
The United States appeals from an order of the United States District Court for the Southern District of New York (Kaplan J.), suppressing statements made by Defendants-Appellees Richard Smith and Mark Watson. We assume the parties’ familiarity with the underlying facts, the procedural history and the issues presented for review.

In a separate opinion issued today in Docket No. 07-3042-cr we affirm the dismissal of the indictment against, inter alia, Smith and Watson. Consequently, we dismiss this appeal as moot.

For the foregoing reasons, the appeal is DISMISSED as moot. The pending motion for a remand is DENIED as moot.

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