United States v. Isaac Smith, No. 09-1932 (8th Cir. 2010)

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Court Description: Criminal case - criminal law. Defendant's appeal of a commitment order under 18 U.S.C. Sec. 4245 was mooted by the completion of his sentence and his release.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-1932 ___________ United States of America, Appellee, v. Isaac Smith, Appellant. * * * Appeal from the United States * District Court for the * Western District of Missouri. * * [UNPUBLISHED] * * ___________ Submitted: April 14, 2010 Filed: April 23, 2010 ___________ Before MELLOY, BOWMAN, and SMITH, Circuit Judges. ___________ PER CURIAM. Isaac Smith appeals the order of the District Court,1 which committed him pursuant to 18 U.S.C. ยง 4245 to the custody of the United States Attorney General for hospitalization and treatment in a suitable facility until he no longer needed treatment or his prison sentence expired, whichever occurred first. Because Smith s challenge to the commitment order has been mooted by his recent release upon completion of 1 The Honorable Richard E. Dorr, United States District Judge for the Western District of Missouri, adopting the report and recommendations of the Honorable James C. England, United States Magistrate Judge for the Western District of Missouri. his sentence, we dismiss this appeal. See 8th Cir. R. 47A(a). We also grant counsel s pending motion to withdraw. ______________________________ -2-

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