United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT May 25, 2005
Charles R. Fulbruge III
Clerk
No. 04-20917
USDC No. 4:03-CR-331-6
USDC No. 4:03-CR-330-7
Summary Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff–Appellee,
versus
MAKEBA DEHRON THOMAS,
Defendant–Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
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Before REAVLEY, JOLLY, and HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*
Makeba Dehron Thomas has appealed the denial of his motion for
release pending trial. Previously, this court remanded Thomas’
appeal for a determination whether his untimely filing of a notice
of appeal was due to excusable neglect or good cause. On remand,
the district court determined that Thomas had not shown that the
untimely filing was due to excusable neglect or good cause. In
compliance with our remand order, the district court has returned
the case to this court. The Government has moved to dismiss the
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion
should not be published and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
appeal for lack of jurisdiction.
The record indicates that shortly after the district court
returned this case to our court, Thomas was convicted by a jury for
possession of cocaine base with intent to distribute. We have held
that a defendant’s claim to release pending trial is mooted by the
defendant’s conviction.1 In addition, we need not remand this case
to the district court given that the order appealed from relating
to pretrial detention and bail has been superceded by Thomas’
conviction.2
Thomas’ appeal is DISMISSED AS MOOT. The Government’s motion
to dismiss for lack of jurisdiction is DENIED AS UNNECESSARY.
1
See United States v. O’Shaughnessy, 772 F.2d 112, 113 (5th Cir. 1985)
(citing Murphy v. Hunt, 455 U.S. 478 (1982)).
2
Id. (citing United States v. Munsingwear, Inc., 340 U.S. 36, 39-40
(1950)).
O R D E R
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