United States v. Toby Young Bear, No. 14-1677 (8th Cir. 2014)
Annotate this CaseCourt Description: Criminal case - Sentencing. Appeal from the four-month sentence imposed upon the revocation of defendant's supervised release was mooted by his release from custody. [ August 26, 2014
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-1677 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Toby P. Young Bear lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of North Dakota - Bismarck ____________ Submitted: August 22, 2014 Filed: August 27, 2014 [Unpublished] ____________ Before WOLLMAN, GRUENDER, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Toby Young Bear directly appeals the sentence of 4 months in prison imposed by the district court1 upon revoking his supervised release. Because Young Bear has 1 The Honorable Daniel L. Hovland, United States District Judge for the District of North Dakota. been released from custody and has fully discharged his revocation sentence, we dismiss this appeal as moot. Cf. Spencer v. Kemna, 523 U.S. 1, 7-18 (1998) (declaring challenge to allegedly erroneous parole revocation moot because defendant had already served his entire sentence). We also deny counsel s motion to withdraw as moot. ______________________________ -2-
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