UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8175
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
SHAWNSY DEVON MITCHELL,
Defendant – Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, Chief
District Judge. (3:03-cr-00009-JRS-1)
Submitted: March 31, 2011 Decided: April 4, 2011
Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Shawnsy Devon Mitchell, Appellant Pro Se. Laura Colombell
Marshall, Stephen Wiley Miller, Elizabeth Wu, Assistant United
States Attorneys, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Shawnsy Devon Mitchell appeals the district court’s
order denying his motion to reduce his sentence pursuant to
18 U.S.C. § 3582(c)(2) (2006). Because his appeal is moot, we
dismiss the appeal.
Mitchell pleaded guilty in April 2003. He was
sentenced to ninety months’ imprisonment and five years of
supervised release. Mitchell served his active sentence and was
released on November 18, 2009, while this appeal was in abeyance
pending decision in another appeal. Because Mitchell has
completed the confinement portion of his sentence, his argument
that the district court abused its discretion in denying his
motion for reduction of sentence is moot. *
Accordingly, we dismiss the appeal as moot. We deny
Mitchell’s motion to appoint counsel. 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
*
Our decision is without prejudice to any future motion
Mitchell may file for early termination of supervised release
pursuant to 18 U.S.C. § 3583(e)(1) (2006).
2