United States v. Derrick Johnson , 643 F. App'x 245 ( 2016 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-4395
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DERRICK GLENN JOHNSON, a/k/a Derek Johnson,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas D. Schroeder,
District Judge. (1:10-cr-00153-TDS-1)
Submitted: February 29, 2016 Decided: April 1, 2016
Before GREGORY, DUNCAN, and THACKER, Circuit Judges.
Dismissed and remanded with instructions by unpublished per
curiam opinion.
Louis C. Allen, Federal Public Defender, John A. Duberstein,
Assistant Federal Public Defender, Greensboro, North Carolina,
for Appellant. Michael Francis Joseph, Assistant United States
Attorney, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Derrick Glenn Johnson appeals the district court’s order
revoking his term of supervised release and sentencing him to a
10-month term of imprisonment and an additional 26-month term of
supervised release. Johnson’s counsel has moved to dismiss the
appeal, representing to the court that Johnson died in January
2016. The Government does not oppose the motion.
We grant counsel’s motion to dismiss and dismiss the appeal
as moot. We remand the case to the district court with
instructions to vacate its June 5, 2015 order of judgment and
commitment and to dismiss the petition for the revocation of
Johnson’s supervised release. See United States v. Dudley, 739
F.2d 175, 176 (4th Cir. 1984) (holding that death of appellant
pending appeal of criminal conviction results in abatement of
appeal and prior proceedings).
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
DISMISSED AND
REMANDED WITH INSTRUCTIONS
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