United States v. Dunlap, Jr., No. 12-3006 (8th Cir. 2013)
Annotate this CaseDefendant appealed his sentence for violating the terms of his supervised release. Defendant was released from custody and his sentence was fully discharged before his appeal was heard. The court dismissed defendant's appeal as moot, concluding that the possibility the supervised release violation might increase defendant's sentence for a future conviction was insufficient to maintain the appeal; defendant lacked any authority in his argument that he would suffer social stigma as a result of the violation; and defendant's appeal did not fall within the exception to mootness cases capable of repetition yet evading review.
Court Description: Criminal case - Criminal law. Where defendant had served the sentence imposed upon revocation of his supervised release and faced no further supervision, his appeal must be dismissed as moot; neither the possibility that the supervised release violation involved in the case might increase his sentence for a future conviction nor social stigma associated with conviction established a sufficient basis to maintain the appeal; case did not fall within the "capable of repetition yet evading review" exception to mootness.
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