United States v. Hoxha ( 2008 )

Opinions of the United
2008 Decisions States Court of Appeals
for the Third Circuit
3-12-2008
USA v. Hoxha
Precedential or Non-Precedential: Non-Precedential
Docket No. 07-1932
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"USA v. Hoxha" (2008). 2008 Decisions. Paper 1450.
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 07-1932
UNITED STATES OF AMERICA
v.
RESHAD HOXHA
a/k/a
GRINGO
Reshad Hoxha,
Appellant
On Appeal from United States District Court
for the District of Eastern Pennsylvania
(D. C. No. 97-cr-00370-1)
District Court Judge: Honorable Eduardo C. Robreno
Submitted Under Third Circuit LAR 34.1(a)
March 7, 2008
Before: BARRY, JORDAN and HARDIMAN, Circuit Judges.
(Filed: March 12, 2008)
OPINION OF THE COURT
HARDIMAN, Circuit Judge.
Reshad Hoxha appeals from the District Court’s denial of his motion to terminate
supervised release. Although the District Court had jurisdiction pursuant to 18 U.S.C.
§ 3231, we must dismiss this appeal for lack of jurisdiction.
In 1997, Hoxha pleaded guilty to an information charging him with four counts of
distribution of heroin in violation of 21 U.S.C. § 841(a)(1), and one count of carrying a
firearm during a drug offense, in violation of 18 U.S.C. § 924(c). Hoxha was sentenced
to 96 months in prison, to be followed by three years of supervised release. Hoxha was
released from custody and began his term of supervised release on December 23, 2004.
On January 26, 2007, he filed a motion seeking early termination of his supervised
release. After a hearing on March 19, 2007, the District Court denied Hoxha’s motion for
early termination of supervised release, but modified two conditions of release for his
benefit. Hoxha appeals from that order.
Although the parties briefed the merits of the appeal, one fact proves dispositive.
On page four of its brief, the Government states: “Hoxha’s period of supervised release is
set to expire on or about December 23, 2007.” Hoxha does not contradict that statement
in his Reply Brief and he has since conceded in a letter to the Court that his appeal is
moot. That being so, we must dismiss the appeal. See DeFunis v. Odegaard, 416 U.S.
312, 316 (1974).
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