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UNITED
STATES COURT OF APPEALS
TENTH CIRCUIT
ORDER AND JUDGMENT(*)
Before EBEL, MURPHY, and McCONNELL, Circuit Judges.
Defendant-appellant, Bryant E. McKinnie, appeals the district court's
revocation of his supervised release and its imposition of a nine-month term of
imprisonment, with no term of supervised release to follow. The district court's
judgment was entered on July 30, 2003. Because it appeared likely that
McKinnie had served his sentence and been released, this court issued McKinnie
an order to show cause why this appeal should not be dismissed as moot. See
United States v. Meyers, 200 F.3d 715, 721-22 (10th Cir. 2000) (holding that an
appeal from the revocation of supervised release and resulting imprisonment
becomes moot upon the completion of the term of imprisonment). In his
response to the order to show cause, McKinnie indicated that he had been
released from custody on April 1, 2004, agreed that this appeal was therefore
moot, and moved to dismiss the appeal. Accordingly, this appeal is hereby
DISMISSED as moot.
ENTERED FOR THE COURT
Michael R. Murphy
Circuit Judge
FOOTNOTES
Click footnote number to return to corresponding location in the text.
*. This order and judgment is not binding
precedent, except under the
doctrines of law of the case, res judicata and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
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