UNITED STATES v. ALBIZURES (2021)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Jose L. ALBIZURES, Defendant-Appellant.

No. 20-3122

Decided: April 09, 2021

Before COLLOTON, BENTON, and STRAS, Circuit Judges.

Jedrick H. Burgos, Asst. Fed. Public Defender, Kansas City, MO (Laine Carderella, Fed. Public Defender, on the brief), for defendant-appellant. Stefan C. Hughes, Asst. U.S. Atty., Kansas City, MO, for plaintiff-appellee.

[Unpublished]

Jose Albizures appeals an eight-month term of imprisonment that the district court ¹ imposed after revoking his supervised release. His counsel has moved to withdraw and has filed a brief challenging the prison sentence as unreasonable. We note that Albizures was released from federal prison on February 26, 2021. Because Albizures challenges only his prison sentence, it would be impossible to grant him any effective relief, so the appeal is moot. See Mills v. Green, 159 U.S. 651, 653, 16 S.Ct. 132, 40 L.Ed. 293 (1895); United States v. Williams, 483 F.3d 889 (8th Cir. 2007) (per curiam). Accordingly, we dismiss the appeal and grant counsel's motion to withdraw.

FOOTNOTES

1. The Honorable Beth Phillips, Chief Judge, United States District Court for the Western District of Missouri.

PER CURIAM.

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