UNITED STATES v. CRAWFORD (2018)

United States Court of Appeals, Tenth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Mark CRAWFORD, Defendant-Appellant.

No. 17-7054

Decided: July 03, 2018

Before PHILLIPS, EBEL, and MORITZ, Circuit Judges. Linda A. Epperley, Office of the United States Attorney, Eastern District of Oklahoma, Muskogee, OK, for Plaintiff-Appellee Barry L. Derryberry, Office of the Federal Public Defender, Northern and Eastern Districts of Oklahoma, Tulsa, OK, for Defendant-Appellant

ORDER AND JUDGMENT *

On June 25, 2018, the parties in this matter filed simultaneous briefs addressing the issue of mootness pursuant to this Court's order of June 11, 2018. Both parties agree that the Defendant's release from custody on June 25, 2018 effectively moots these proceedings. We agree.

Accordingly, because we cannot grant relief from imprisonment to a Defendant whose period of custody has already ended, this appeal is now dismissed as moot. See, e.g., United States v. Johnson, 529 U.S. 53, 59, 120 S.Ct. 1114, 146 L.Ed.2d 39 (2000). The parties are relieved from our Order of June 11, 2018 requesting supplemental briefing as to the effect of Sessions v. Dimaya, ––– U.S. ––––, 138 S.Ct. 1204, 200 L.Ed.2d 549 (2018) on this Court's existing precedents.

The Clerk is directed to issue the mandate forthwith.

David M. Ebel, Circuit Judge