United States v. Joel Keith Day

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 06-3826
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Missouri.
Joel Keith Day, *
* [UNPUBLISHED]
Appellant. *
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Submitted: November 13, 2007
Filed: November 16, 2007
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Before BYE, RILEY, and MELLOY, Circuit Judges.
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PER CURIAM.
Joel Keith Day (Day) appeals the 9-month prison sentence imposed upon him
after the district court1 revoked his supervised release. We conclude Day’s appeal is
moot because he was released from custody on May 4, 2007, and is not serving a
further term of supervised release. See United States v. Johnson, 209 Fed. Appx. 608(8th Cir. 2006) (unpublished per curiam) (dismissing as moot defendant’s appeal of
his 7-month prison sentence, imposed after revocation of supervised release, where
defendant had been released from custody); cf. Spencer v. Kemna, 523 U.S. 1, 6, 18
1
The Honorable Stephen N. Limbaugh, United States District Judge for the
Eastern District of Missouri.
(1998) (declaring challenge to allegedly erroneous parole revocation moot because
defendant had already served his entire sentence). Therefore, the appeal is dismissed
and counsel’s motion to withdraw is denied as moot.
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