United States v. Daniel McNabb ( 2019 )

United States Court of Appeals
For the Eighth Circuit
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No. 18-3250
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Daniel J. McNabb
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Davenport
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Submitted: September 23, 2019
Filed: October 9, 2019
[Unpublished]
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Before GRUENDER, ARNOLD, and GRASZ, Circuit Judges.
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PER CURIAM.
In 2005, Daniel J. McNabb was sentenced to 180 months of imprisonment and
five years of supervised release after he pled guilty to the manufacture of a controlled
substance and possession of a firearm in furtherance of a drug trafficking crime.
After he completed his prison sentence, McNabb admittedly violated the conditions
of his supervised release. The district court revoked his release, sentencing him to
five months of imprisonment and 55 months of supervised release. McNabb appealed
the sentence, challenging only the propriety of the prison sentence. During the
pendency of his appeal, McNabb completed his sentence and was released from
federal custody. In light of McNabb’s release from custody, “the appeal of the length
of his sentence is moot.” United States v. Hill, 889 F.3d 953, 954 (8th Cir. 2018).
We therefore dismiss the appeal.
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