United States v. Route ( 2003 )

F I L E D
United States Court of Appeals
Fifth Circuit
IN THE UNITED STATES COURT OF APPEALS March 27, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-61036
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANGELA MICHELLE ROUTE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 02-CR-18-4
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Before BARKSDALE, DEMOSS, and, BENAVIDES, Circuit Judges.
PER CURIAM:*
Angela Michelle Route appeals the district court’s
affirmance of a magistrate judge’s order that she be detained
pending trial. While this appeal was pending, Route pleaded
guilty to one of the counts of the indictment. Because Route now
is in federal custody pursuant to a criminal conviction, her
request for release from pretrial confinement is moot as to that
count. See Fassler v. United States, 858 F.2d 1016, 1018 (5th
Cir. 1988). Although her appeal is not moot as to the remaining
*
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that this opinion should not be published and is not precedent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.
No. 02-61036
-2-
counts, in the absence of a motion for release pending
sentencing, Route would remain in custody even if we concluded
that the district court erred below. Therefore, we AFFIRM. See
Sojourner T v. Edwards, 974 F.2d 27, 30 (5th Cir. 1992) (court
may affirm on any grounds supported by the record).
AFFIRMED.