UNITED STATES v. GESS (2021)

United States Court of Appeals, Tenth Circuit.

UNITED STATES of America, Plaintiff - Appellee, v. Joshua David GESS, Defendant - Appellant.

No. 20-1353

Decided: January 11, 2021

Before HOLMES, PHILLIPS, and McHUGH, Circuit Judges.

Kelly Rose Churnet, Paul Farley, Edwin Garreth Winstead, III, Office of the United States Attorney, District of Colorado, Denver, CO, for Plaintiff-Appellee David Lee Owen, Jr., Esq., Law Office of David L. Owen, Jr., Highlands Ranch, CO, for Defendant-Appellant

ORDER AND JUDGMENT *

This matter comes before the court on the government's motion to dismiss as moot Defendant Joshua David Gess's appeal of the district court's denial of release pending trial. On December 29, 2020, Mr. Gess pleaded guilty to a superseding indictment and was remanded to custody pending sentencing. Because Mr. Gess no longer has a legally cognizable interest in the decision whether he should have been released on bail pending trial, his appeal is moot. See Murphy v. Hunt, 455 U.S. 478, 481, 102 S.Ct. 1181, 71 L.Ed.2d 353 (1982) (per curiam) (concluding that a defendant's claim to pretrial bail was moot once he was convicted).

We grant the government's motion and dismiss the appeal as moot.

Per Curiam

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