Texte intégral
1The Honorable Stephen N. Limbaugh, United States District Judge for the
Eastern District of Missouri.
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* [UNPUBLISHED]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 court 1 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(8th Cir. 2006) (unpublished per curiam) (dismissing as moot defendant’s appeal of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
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-2-
(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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