ORDER
The parties agree that Rene Alberto Herrera-Castanola is no longer in federal custody. This appeal is therefore dismissed as moot. Accordingly, we vacate the judgment below and remand for dismissal. Each party shall bear its own costs on appeal. VACATED AND REMANDED.
This order is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.