United States v. Jamie Smith , 671 F. App'x 56 ( 2016 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6877
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JAMIE EARL SMITH,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever, III,
Chief District Judge. (5:10-cr-00211-D-1)
Submitted: November 22, 2016 Decided: November 28, 2016
Before DIAZ and THACKER, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Stephen Clayton Gordon, Assistant Federal Public Defender,
Raleigh, North Carolina, for Appellant. Leslie Katherine
Cooley, Assistant United States Attorney, Dena Janae King,
Denise Walker, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jamie Earl Smith appeals the district court’s order denying
his 18 U.S.C. § 3582(c)(2) (2012) motion for a sentence
reduction. While Smith’s appeal was pending, he completed his
term of imprisonment and was released from prison. “Given
[appellant’s] release from prison, there is no wrong to remedy
and an appeal should be dismissed when, by virtue of an
intervening event, a court of appeals cannot grant any effectual
relief whatever in favor of the appellant.” United States v.
Hardy, 545 F.3d 280, 285 (4th Cir. 2008) (alteration and
internal quotation marks omitted); United States v. Booker, 645
F.3d 328 (5th Cir. 2011) (per curiam) (explaining that “[a]ny
termination of supervised release must be sought by a motion
under 18 U.S.C. § 3583(e)(1)”). Accordingly, we dismiss this
appeal as moot. 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
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