F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
AUG 23 2004
TENTH CIRCUIT
PATRICK FISHER
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
No. 03-1346
v. (District of Colorado)
(D.C. No. 01-CR-387-WM)
BRYANT E. McKINNIE,
Defendant-Appellant.
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
*
This order and judgment is not binding precedent, except under the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.
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
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