United States v. Kenny Iroegbu ( 2017 )

Case: 16-10721 Document: 00514164419 Page: 1 Date Filed: 09/20/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 16-10721
Fifth Circuit
Summary Calendar
FILED
September 20, 2017
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
KENNY IROEGBU,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:13-CR-14-1
Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
PER CURIAM: *
Kenny Iroegbu, federal prisoner # 48132-177, pleaded guilty to one count
of aiding or assisting in the preparation or presentation of a false or fraudulent
individual income tax return. The district court sentenced him to 36 months
of imprisonment and a one-year term of supervised release. It also ordered
Iroegbu to pay $323,046 in restitution. He appeals the denial of his 18 U.S.C.
§ 3582(c)(2) motion for a reduction of sentence.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 16-10721 Document: 00514164419 Page: 2 Date Filed: 09/20/2017
No. 16-10721
The district court determined on March 17, 2017, that Iroegbu’s untimely
filing of the notice of appeal was due to excusable neglect. However, according
to the website of the Bureau of Prisons, Iroegbu was released from
imprisonment on December 16, 2016. “Where a defendant has begun serving
a term of supervised release, the appeal of the denial of his § 3582(c)(2) motion
is moot.” United States v. Booker, 645 F.3d 328, 328 (5th Cir. 2011).
Accordingly, the appeal is DISMISSED AS MOOT. Iroegbu’s motions to
expedite his appeal are DENIED.
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