David Tobey v. United States , 470 F. App'x 113 ( 2012 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 11-6988
    DAVID H. TOBEY,
    Petitioner - Appellant,
    v.
    UNITED STATES OF AMERICA,
    Respondent - Appellee.
    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt.    Deborah K. Chasanow, Chief District
    Judge. (8:03-cr-00151-DKC-1; 8:10-cv-01358-DKC)
    Submitted:   February 28, 2012              Decided:   April 2, 2012
    Before MOTZ, DAVIS, and KEENAN, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    David Henry Tobey, Appellant Pro Se. James Marton Trusty,
    Assistant United States Attorney, Greenbelt, Maryland, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    David Henry Tobey appeals the district court’s order
    denying relief on his 
    28 U.S.C.A. § 2241
     (West 2006 & Supp.
    2011) petition.             Tobey asks us to overturn the court’s order and
    conclude       that       he    was     “released             from    imprisonment,”          see    
    18 U.S.C.A. § 3624
    (e)             (West    Supp.       2011),      thereby      commencing        his
    supervised        release           term,    at   the       end      of   his    original      prison
    sentence but before his release from Bureau of Prisons custody
    pending       a     civil       commitment        hearing            pursuant     to     
    18 U.S.C. § 4248
    (a) (2006).               After filing this appeal, however, Tobey and
    the Government entered into a settlement agreement whereby Tobey
    stipulated        that      his      “release        from      imprisonment”           was    lawfully
    stayed       pursuant          to    § 4248. *           We    conclude         this    stipulation
    eliminated          the   grounds           for   Tobey’s         appeal        and    removed      any
    justiciable controversy between the parties.                                     Accordingly, we
    dismiss Tobey’s appeal as moot.                          See Townes v. Jarvis, 
    577 F.3d 543
    ,       546-47    (4th       Cir.        2009).        We      deny    Tobey’s       motion      for
    appointment of counsel.                     We dispense with oral argument because
    the facts and legal contentions are adequately presented in the
    *
    In the interest of justice, we take judicial notice of the
    district court proceedings in the Eastern District of North
    Carolina, including the settlement agreement, as they have
    direct bearing on the subject matter of this case.         United
    States v. White, 
    620 F.3d 401
    , 416 n.14 (4th Cir. 2010);
    Colonial Penn Ins. Co. v. Coil, 
    887 F.2d 1236
    , 1239 (4th Cir.
    1989).
    2
    materials   before   the   court   and   argument   would   not    aid   the
    decisional process.
    DISMISSED
    3
    

Document Info

Docket Number: 11-6988

Citation Numbers: 470 F. App'x 113

Judges: Motz, Davis, Keenan

Filed Date: 4/2/2012

Precedential Status: Non-Precedential

Modified Date: 11/5/2024