Case: 08-40547 Document: 00511519793 Page: 1 Date Filed: 06/24/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 24, 2011
No. 08-40547
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DONNIE DARRELL BOOKER,
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of Texas
Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.
PER CURIAM:
Donnie Booker, federal prisoner #09267-078, was convicted by a jury of one
count of conspiracy to manufacture, distribute, or possess with intent to manu-
facture, distribute, or dispense 50 grams or more of cocaine base (crack cocaine)
in violation of 21 U.S.C. §§ 841(a)(1) and 846 (Count 1) and two counts of distri-
bution of crack cocaine in violation of § 841(a)(1) (Counts 7 and 13). The district
Case: 08-40547 Document: 00511519793 Page: 2 Date Filed: 06/24/2011
No. 08-40547
court sentenced him to concurrent terms of 151 months’ imprisonment on each
count, five years’ supervised release on Counts 1 and 13, and three years of su-
pervised release on Count 7. Booker appeals the order granting a sentence re-
duction that is less than the one he sought based on the amendments to the
crack cocaine guidelines.
The website of the Bureau of Prisons shows that Booker was released from
prison on March 3, 2010. Where a defendant has begun serving a term of super-
vised release, the appeal of the denial of his § 3582(c)(2) motion is moot. United
States v. Boston, No. 08-10341, 2011 U.S. App. LEXIS 6036, at *4-*6 (5th Cir.
Mar. 23, 2011) (per curiam) (unpublished). Here, as with the defendant in Bos-
ton, Booker makes no mention of his term of supervised release and does not ar-
gue that it should be terminated; his arguments pertain only to relief under
§ 3582(c)(2). Any termination of supervised release must be sought by a motion
under 18 U.S.C. § 3583(e)(1). Boston, 2011 U.S. App. LEXIS 6036, at *5-*6.
The judgment of conviction is AFFIRMED.1
1
Booker’s motion for appointment of counsel is DENIED. His motion to remand for evi-
dentiary hearing is DENIED. His motion for bail pending appeal is DENIED. The govern-
ment’s motion for summary affirmance is DENIED as unnecessary. The government’s motion
for extension of time to file its brief is DENIED as unnecessary.
2