United States of America v. Orlando R. Jackson

* The Honorable William O. Bertelsman, United States District Judge for the Eastern District
of Kentucky, sitting by designation.
NOT RECOMMENDED FOR PUBLICATION
File Name: 05a0646n.06
Filed: August 2, 2005
No. 04-3015
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee.
v.
ORLANDO R. JACKSON,
Defendant-Appellant.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OHIO
O R D E R
BEFORE: SILER and CLAY, Circuit Judges; BERTELSMAN, District Judge.*
PER CURIAM. Defendant Orlando R. Jackson appeals his sentence, arguing that under
United States v. Booker, 125 S. Ct. 738 (2005), the district court should not have increased his
offense level for organizing, leading, or supervising a criminal activity, U.S.S.G. § 3B1.1(c), and
for reckless endangerment to another person during flight, U.S.S.G. § 3C1.2. Jackson pled guilty
to two counts of stealing postal money orders, 18 U.S.C. § 500, and one count of possessing stolen
postal money orders. 18 U.S.C. § 641. He received a 15-month sentence of imprisonment, which
expired roughly two months after we heard oral arguments in this case.
We have confirmed that Jackson was released from the custody of the Bureau of Prisons on
February 11, 2005. Consequently, this appeal is moot. United States v. Namey, 364 F.3d 843, 844

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No. 04-3015
2
n.1 (6th Cir. 2004); United States v. Delgado, 350 F.3d 520, 524 n.4 (6th Cir. 2003). We therefore
dismiss the appeal.
IT IS SO ORDERED.

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