Case: 15-30821 Document: 00513763625 Page: 1 Date Filed: 11/17/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-30821 FILED
Summary Calendar November 17, 2016
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
DAVID JEROME FRANK,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:03-CR-20067-1
Before KING, GRAVES, and COSTA, Circuit Judges.
PER CURIAM: *
David Jerome Frank, federal prisoner # 08457-035, appeals the district
court’s denial of his 18 U.S.C. § 3582(c)(2) motion for a sentencing reduction
based on Amendment 782 to the Sentencing Guidelines. On March 15, 2016,
before this case was decided, Frank was released from federal custody. “Where
a defendant has begun serving a term of supervised release, the appeal of the
denial of his § 3582(c)(2) motion is moot.” United States v. Booker, 645 F.3d
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 15-30821 Document: 00513763625 Page: 2 Date Filed: 11/17/2016
No. 15-30821
328, 328 (5th Cir. 2011). Because Frank’s appeal concerns only the term of his
imprisonment, and makes no challenge to his term of supervised release, his
arguments pertain only to relief under § 3582(c)(2). Accordingly, Frank’s
appeal is DISMISSED AS MOOT.
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