United States v. Achiekwelu

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-4821
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
HENRY ACHIEKWELU,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. T. S. Ellis, III, District
Judge. (CR-94-376-A)
Submitted: November 23, 1999 Decided: December 13, 1999
Before MICHAEL, MOTZ, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Henry Achiekwelu, Appellant Pro Se. Lawrence Joseph Leiser,
Assistant United States Attorney, Alexandria, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Henry Achiekwelu appeals from the district court’s order
revoking his supervised release and sentencing him to one year of
incarceration. Because Achiekwelu served the sentence imposed on
revocation and has been released from his incarceration, and
because the district court did not impose a term of supervised
release to follow his incarceration, we find that his appeal is
moot. See Spencer v. Kemna, 523 U.S. 1, , 118 S.Ct. 978, 983-88
(1998) (holding that challenge to termination of parole status did
not present live case or controversy after expiration of sentence
imposed on revocation); United States v. Clark, ___ F.3d ___, 1999
WL 958510, at *2-3 (5th Cir. Oct. 20, 1999) (per curiam); United
States v. Probber, 170 F.3d 345, 347-48 (2d Cir. 1999).
Accordingly, we dismiss the appeal. We dispense with oral argument
because the facts and legal contentions are adequately presented in
the materials before the court and argument would not aid the
decisional process.
DISMISSED
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