Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

UNITED STATES of America v. Al

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

On April 23, 2008, the District Court revoked Appellant Alvin R. Simmons's supervised release and sentenced him to twenty-one months incarceration. The District Court further directed that Simmons was not subject to supervised release following his release from custody. Counsel subsequently filed this appeal at Simmons's request, but moved to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

Bureau of Prisons records indicate — and Simmons's counsel confirms — that Simmons was released from federal custody on November 6, 2009. Because a defendant's unconditional release typically renders moot an appeal of a district court's imposition of a term of incarceration for a supervised release violation, United States v. Kissinger, 309 F.3d 179, 182 (3d' Cir. 2002), we directed Simmons's counsel to explain why Simmons's release would not require dismissal of his appeal. In response, Simmons's counsel concedes that the present appeal is moot under Kissinger. Accordingly, we will enter an order dismissing Simmons's appeal as moot.

Use AI to get other relevant cases.

Comments

U.S. v. SIMMONS
(Dec 2, 2009)