United States v. Achiekwelu ( 1999 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 98-4821
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    HENRY ACHIEKWELU,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. T. S. Ellis, III, District
    Judge. (CR-94-376-A)
    Submitted:   November 23, 1999          Decided:     December 13, 1999
    Before MICHAEL, MOTZ, and KING, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Henry Achiekwelu, Appellant Pro Se.  Lawrence Joseph Leiser,
    Assistant United States Attorney, Alexandria, Virginia, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Henry Achiekwelu appeals from the district court’s order
    revoking his supervised release and sentencing him to one year of
    incarceration.    Because Achiekwelu served the sentence imposed on
    revocation and has been released from his incarceration, and
    because the district court did not impose a term of supervised
    release to follow his incarceration, we find that his appeal is
    moot.    See Spencer v. Kemna, 
    523 U.S. 1
    ,      , 
    118 S.Ct. 978
    , 983-88
    (1998) (holding that challenge to termination of parole status did
    not present live case or controversy after expiration of sentence
    imposed on revocation); United States v. Clark, ___ F.3d ___, 
    1999 WL 958510
    , at *2-3 (5th Cir. Oct. 20, 1999) (per curiam); United
    States    v.   Probber,   
    170 F.3d 345
    ,   347-48   (2d   Cir.   1999).
    Accordingly, we dismiss the appeal. We dispense with oral argument
    because the facts and legal contentions are adequately presented in
    the materials before the court and argument would not aid the
    decisional process.
    DISMISSED
    - 2 -
    

Document Info

Docket Number: 98-4821

Filed Date: 12/13/1999

Precedential Status: Non-Precedential

Modified Date: 10/30/2014