United States v. Schanze

FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT April 23, 2015
Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 15-4015
(D.C. No. 2:14-CR-00549-DB-1)
DELL BUCK SCHANZE, (D. Utah)
Defendant - Appellant.
ORDER AND JUDGMENT*
Before HARTZ, TYMKOVICH, and PHILLIPS, Circuit Judges.
Dell Buck Schanze appealed from an order imposing a pre-trial release
condition that he remove all weapons from his home. After the parties negotiated a
plea agreement, he eventually pleaded guilty to two misdemeanor counts, and the
district court sentenced him to twelve months of unsupervised release. Based on the
conviction, the government has filed an unopposed motion to summarily dismiss
*
This panel has determined that oral argument would not materially assist the
determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The
case is therefore ordered submitted without oral argument. This order and judgment
is not binding precedent, except under the doctrines of law of the case, res judicata,
and collateral estoppel. It may be cited, however, for its persuasive value consistent
with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
Mr. Schanze’s appeal as moot. See 10th Cir. R. 27.2(A)(1)(b) (permitting motion for
summary disposition due to mootness).
Because a challenge to a pre-trial bail condition is moot after a defendant is
convicted, see Murphy v. Hunt, 455 U.S. 478, 481-84 (1982) (per curiam), we grant
the government’s motion to dismiss.
Entered for the Court
Per Curiam
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