In re: Joel Diaz-Hinirio

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NOT PRECEDENTIAL PER CURIAM OPINION Coram: MCKEE, JORDAN and RESTREPO, Circuit Judges. Total Pages: 2. ALD-090

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Case: 16-4258 Document: 003112537358 Page: 1 ALD-090 Date Filed: 02/13/2017 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 16-4258 ___________ IN RE: JOEL DIAZ-HINIRIO, Petitioner ____________________________________ On a Petition for Writ of Mandamus from the District Court of the Virgin Islands (Related to D.V.I. Crim. No. 3-11-cr-00035-002) ____________________________________ Submitted Pursuant to Rule 21, Fed. R. App. P. January 5, 2017 Before: MCKEE, JORDAN and RESTREPO, Circuit Judges (Opinion filed: February 13, 2017) _________ OPINION * _________ PER CURIAM Joel Diaz-Hinirio pleaded guilty to federal drug and firearms offenses, but he preserved his ability to appeal the District Court’s order denying in part his motions to suppress. Diaz-Hinirio appealed that ruling at C.A. No. 13-3198. In that appeal, we * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Case: 16-4258 Document: 003112537358 Page: 2 Date Filed: 02/13/2017 remanded for the District Court to “state its essential findings on the record” as required by Rule 12(d) of the Federal Rules of Criminal Procedure. Diaz-Hinirio has filed a petition for a writ of mandamus directing the District Court to comply with our mandate. On December 10, 2016, however, the District Court issued a detailed 59-page opinion explaining its reasons for denying in part DiazHinirio’s motions to suppress. (ECF No. 237.) Thus, Diaz-Hinirio’s petition is moot, and we will dismiss it on that basis. 2

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