MEMORANDUM
On October 29, 2003, the district court issued an order dismissing petitioner’s indictment with prejudice. Because there is no longer a case or controversy, this ap peal is dismissed as moot. See United States v. Mann, 138 F.3d 758 (9th Cir. 1997) (order). DISMISSED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.