United States v. Greene

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-4439 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus RODNEY BERNARD GREENE, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Lacy H. Thornburg, District Judge. (CR-01-33) Submitted: May 25, 2005 Decided: June 8, 2005 Before TRAXLER, GREGORY, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. David Grant Belser, BELSER & PARKE, P.A., Asheville, North Carolina, for Appellant. Gretchen C. F. Shappert, United States Attorney, Thomas Richard Ascik, Assistant United States Attorney, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Rodney Bernard Greene appeals the district court’s order revoking his supervised release and imposing a six-month custodial sentence. Greene has been discharged from federal custody, his sentence did not include a term of supervised release, and there are no continuing collateral consequences from the district court’s revocation order and imposition of sentence. We therefore dismiss Greene’s appeal as moot. See Spencer v. Kemna, 523 U.S. 1, 10 (1998). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED - 2 -