UNITED STATES v. MCNABB (2019)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America Plaintiff - Appellee v. Daniel J. MCNABB Defendant - Appellant

No. 18-3250

Decided: October 09, 2019

Before GRUENDER, ARNOLD, and GRASZ, Circuit Judges. Jason T. Griess, Assistant U.S. Attorney, MacKenzie Benson Tubbs, Assistant U.S. Attorney, U.S. Attorney's Office, Des Moines, IA, for Plaintiff-Appellee Daniel J. McNabb, Pro Se Nicholas Sarcone, Stowers & Sarcone, West Des Moines, IA, for Defendant-Appellant

[Unpublished]

In 2005, Daniel J. McNabb was sentenced to 180 months of imprisonment and five years of supervised release after he pled guilty to the manufacture of a controlled substance and possession of a firearm in furtherance of a drug trafficking crime. After he completed his prison sentence, McNabb admittedly violated the conditions of his supervised release. The district court revoked his release, sentencing him to five months of imprisonment and 55 months of supervised release. McNabb appealed the sentence, challenging only the propriety of the prison sentence. During the pendency of his appeal, McNabb completed his sentence and was released from federal custody. In light of McNabb’s release from custody, “the appeal of the length of his sentence is moot.” United States v. Hill, 889 F.3d 953, 954 (8th Cir. 2018). We therefore dismiss the appeal.

PER CURIAM.