EDWARD WALTHER, PETITIONER V. UNITED STATES OF AMERICA

   No. 90-610

   In The Supreme Court Of The United States

   October Term, 1990

   On Petition For A Writ Of Certiorari To The United States Court Of
Appeals For The Eleventh Circuit

   Supplemental Brief For The United States

   Petitioner was previously sentenced to a six-year prison term
without possibility of parole.  The court of appeals remanded the case
to the district court to permit the district court to decide whether
to impose a parolable or a nonparolable sentence.  In his petition for
a writ of certiorari, petitioner contended that the district court
lacked authority to sentence him to a no-parole term.  In our
opposition to the petition, we noted that this case is in an
interlocutory posture and that the question presented would become
moot if, on remand, the district court did not sentence petitioner to
a no-parole term.  We have been advised that the district court
recently resentenced petitioner, and in so doing deleted the words
"without parole" from its prior sentencing order.  Accordingly,
petitioner's complaint about his sentence has been resolved in his
favor, and there is no need for further review by this Court.

   A copy of the new sentencing order is appended to this brief.

   Respectfully submitted.

   KENNETH W. STARR

      Solicitor General

   DECEMBER 1990

   APPENDIX