Claiborne v. United States

Citation127 S.Ct. 2245,167 L.Ed.2d 1080,551 U.S. 87
Decision Date04 June 2007
Docket NumberNo. 06–5618.,06–5618.
PartiesMario CLAIBORNE, Petitioner, v. UNITED STATES.
CourtUnited States Supreme Court

OPINION TEXT STARTS HERE

Lee T. Lawless, Federal Public Defender, Michael Dwyer, Assistant Public Defender, Counsel of Record, David Hemingway, Research & Writing Attorney, St. Louis, MO, for Petitioner.

Paul D. Clement, Solicitor General, Counsel of Record, Alice S. Fisher, Assistant Attorney General, Michael R. Dreeben, Deputy Solicitor General, Dan Himmelfarb, Matthew D. Roberts, Assistants to the Solicitor General, Nina Goodman, Jeffrey P. Singdahlsen, Department of Justice, Washington, D.C., for Respondent.

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.

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27 cases
  • Gall v. United States
    • United States
    • United States Supreme Court
    • 10 Diciembre 2007
    ...not have the opportunity to answer this question because the case was mooted by Claiborne's untimely death. Claiborne v. United States, 551 U.S. 87, 127 S.Ct. 2245, 167 L.Ed.2d 1080 (2007) (per curiam). We granted certiorari in the case before us today in order to reach that question, left ......
  • U.S. v. Smith, 07-2956.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • 28 Julio 2009
    ...by `comparably extraordinary circumstances.'" Id. (quoting United States v. Claiborne, 439 F.3d 479, 481 (8th Cir.2006), vacated as moot, 551 U.S. 87, 127 S.Ct. 2245, 167 L.Ed.2d 1080 (2007)). In Gall, the Supreme Court "held that an appellate standard requiring `proportional' justification......
  • St. Bernard Parish Gov't v. United States, 15-1072C
    • United States
    • Court of Federal Claims
    • 4 Abril 2019
    ...facts alleged in the complaint are true and must draw all reasonable inferences in the non-movant's favor. See Erickson v. Pardus, 551 U.S. 87, 94 (2007) ("[W]hen ruling on a defendant's motion to dismiss, a judge must accept as true all of the factual allegations contained in the complaint......
  • Beres v. United States, 03-785L
    • United States
    • Court of Federal Claims
    • 16 Abril 2019
    ...facts alleged in the complaint are true and must draw all reasonable inferences in the non-movant's favor. See Erickson v. Pardus, 551 U.S. 87, 94 (2007) ("[W]hen ruling on a defendant's motion to dismiss, a judge must accept as true all of the factual allegations contained in the complaint......
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