United States v. Mark George ( 2020 )

Case: 19-10741 Document: 00515579831 Page: 1 Date Filed: 09/25/2020
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
September 25, 2020
No. 19-10741
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Mark Anthony George, also known as Mark George,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:19-CR-8-1
Before Owen, Chief Judge, and Haynes and Costa, Circuit Judges.
Per Curiam:*
Mark Anthony George was convicted of possession with intent to
distribute heroin, in violation of 21 U.S.C. § 841(a)(1), and escape from
custody, in violation of 18 U.S.C. § 751(a), and sentenced within the advisory
guidelines range to 30 months of imprisonment and three years of supervised
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 19-10741 Document: 00515579831 Page: 2 Date Filed: 09/25/2020
No. 19-10741
release. On appeal, he contends that the “shall-not-frequent” condition set
out in the judgment should be removed because it conflicts with the oral
pronouncement of sentence.
After George appealed, the Government filed an unopposed motion
to remand the case to the district court for correction of the judgment. The
motion was granted, and the district court corrected the judgment to,
relevant here, exclude the “shall-not-frequent” supervised release
condition. As this is the sole relief that George seeks, the appeal is
DISMISSED as moot. See United States v. Clark, 193 F.3d 845, 847-48 (5th
Cir. 1999); United States v. Shartzer, 705 F. App’x 265, 271 (5th Cir. 2017).
2