United States of America v. Joshua David Gess

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
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UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSHUA DAVID GESS,
Defendant - Appellant.
No. 20-1353
(D.C. No. 1:19-CR-00507-PAB-1)
(D. Colo.)
_________________________________
ORDER AND JUDGMENT*
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Before HOLMES, PHILLIPS, and McHUGH, Circuit Judges.
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This matter comes before the court on the government’s motion to dismiss as
moot Defendant Joshua David Gess’s appeal of the district court’s denial of release
pending trial. On December 29, 2020, Mr. Gess pleaded guilty to a superseding
indictment and was remanded to custody pending sentencing. Because Mr. Gess no
longer has a legally cognizable interest in the decision whether he should have been
released on bail pending trial, his appeal is moot. See Murphy v. Hunt, 455 U.S. 478,
* After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in 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 This order and judgment is not binding
precedent, except under the doctrines of law of the case, res judicata, and collateral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.
FILED
United States Court of Appeals
Tenth Circuit
January 11, 2021
Christopher M. Wolpert
Clerk of Court
Appellate Case: 20-1353 Document: 010110462749 Date Filed: 01/11/2021 Page: 1

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481 (1982) (per curiam) (concluding that a defendant’s claim to pretrial bail was
moot once he was convicted).
We grant the government’s motion and dismiss the appeal as moot.
Entered for the Court
Per Curiam
Appellate Case: 20-1353 Document: 010110462749 Date Filed: 01/11/2021 Page: 2

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