UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

BRYANT E. McKINNIE,

Defendant-Appellant.

No. 03-1346

(District of Colorado)

(D.C. No. 01-CR-387-WM)

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