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| UNITED STATES OF AMERICA, |
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Before EBEL, MURPHY, and
McCONNELL, Circuit Judges.
Defendant-appellant, Stephen H. Pavey, appeals the district court's
revocation of his five-year term of probation and its imposition of a six-month
term of imprisonment to be followed by a three-year term of supervised release.
On September 14, 2004, Pavey was ordered to show cause why his 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). Although Pavey has filed an untimely response to the order to
show cause, he has failed to demonstrate that this court has jurisdiction over his
appeal. Specifically, he has failed to adequately show how his term of supervised
release differs in any material way from his term of probation. Accordingly, we
conclude that this appeal is moot and that we lack jurisdiction to consider the
merits of Pavey's claims. The appeal is dismissed. Appellee's motion seeking
to file a Supplemental Appendix is denied.
ENTERED FOR THE COURT
Michael R. Murphy
Circuit Judge
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