US v. Shawnsy Mitchell, No. 08-8175 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8175 UNITED STATES OF AMERICA, Plaintiff Appellee, v. SHAWNSY DEVON MITCHELL, Defendant Appellant.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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 order denying Devon his Mitchell motion to appeals reduce 18 U.S.C. § 3582(c)(2) (2006). the his district sentence court s pursuant to Because his appeal is moot, we dismiss the appeal. Mitchell sentenced to pleaded ninety supervised release. guilty months in April imprisonment 2003. and five He was years of 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. Mitchell s motion to appoint counsel. We deny 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

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