Unpublished Dispositionunited States of America, Plaintiff-appellee, v. Phyllis A. Jones-hutchinson, Defendant-appellant, 911 F.2d 734 (6th Cir. 1990)

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U.S. Court of Appeals for the Sixth Circuit - 911 F.2d 734 (6th Cir. 1990) Aug. 20, 1990

Before RYAN and ALAN E. NORRIS, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.


ORDER

This appeal has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit.

It appears from the documents before the court that appellant filed a notice of appeal on April 20, 1990, from the district court's order denying her motion to delay the reporting date to serve her sentence. This matter is moot as appellant was scheduled to report on April 25, 1990, and, thus, is already in custody and no live controversy remains. See Deakins v. Monaghan, 484 U.S. 193, 199-200 (1988); Neighbors Organized to Insure a Sound Environment, Inc. v. McArtor, 878 F.2d 174, 178 (6th Cir. 1989).

Accordingly, it is ORDERED that the appeal be, and it hereby is, dismissed for lack of jurisdiction. Rule 9(b) (1), Rules of the Sixth Circuit. The motion for counsel is denied.

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