What is the current state of the law on moot appeals in this circuit?

MultiRegion, United States of America

The following excerpt is from USA. v. Verdin, 243 F.3d 1174 (9th Cir. 2001):

1. Palomba represents a shift in this circuit's law. We had previously held "that a sentence can be challenged, even if it has been completely served, if there might be `collateral consequences for a defendant in any possible future sentencing.' " 182 F.3d at 1123. (citations omitted). In United States v. Schmidt, 99 F.3d 315 (9th Cir. 1996), for example, we concluded that a defendant's appeal of his 90-day sentence for a probation violation was not moot because the sentence, though completed,"could indirectly affect a future sentence." Id. at 317.

1. Palomba represents a shift in this circuit's law. We had previously held "that a sentence can be challenged, even if it has been completely served, if there might be `collateral consequences for a defendant in any possible future sentencing.' " 182 F.3d at 1123. (citations omitted). In United States v. Schmidt, 99 F.3d 315 (9th Cir. 1996), for example, we concluded that a defendant's appeal of his 90-day sentence for a probation violation was not moot because the sentence, though completed,"could indirectly affect a future sentence." Id. at 317.

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