UNITED STATES v. MACKEY (2019)

United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Backari MACKEY, a.k.a. Bakari Mackey, Defendant-Appellant.

No. 17-14214

Decided: January 22, 2019

Before WILLIAM PRYOR, GRANT and ANDERSON, Circuit Judges. Michael B. Billingsley, U.S. Attorney Service - Northern District of Alabama, U.S. Attorney's Office, Birmingham, AL, for Plaintiff - Appellee Allison Case, Glennon Fletcher Threatt, Jr., Federal Public Defender, Birmingham, AL, Alexander Peter Vlisides, Federal Public Defender - NAL, Huntsville, AL, for Defendant - Appellant

Kevin L. Butler, appointed counsel for Backari Mackey in this direct criminal appeal, has moved to withdraw from further representation of the appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals that counsel's assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel's motion to withdraw is GRANTED, and the district court's order modifying the terms of Mackey's supervised release is AFFIRMED.¹

FOOTNOTES

1.   We note that Mackey has apparently satisfied the district court's special supervised-release condition that he reside in a halfway house for six months, and that he is no longer subject to that condition. To the extent this renders his appeal moot, the proceedings are hereby dismissed. See United States v. Farmer, 923 F.2d 1557, 1568 (11th Cir. 1991) (holding that appeal from sentence was rendered moot by the defendant's release from custody).

PER CURIAM: