USA v. John Couch


Opinion issued by court as to Appellant John Patrick Couch. Decision: Dismissed as Moot. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link

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Case: 16-16361 Date Filed: 08/15/2017 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-16361 Non-Argument Calendar ________________________ D.C. Docket No. 1:15-cr-00088-CG-B-1 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JOHN PATRICK COUCH, Defendant - Appellant. ________________________ Appeals from the United States District Court for the Southern District of Alabama ________________________ (August 15, 2017) Before HULL, WILSON, and JORDAN, Circuit Judges. PER CURIAM: John Patrick Couch, M.D., filed an interlocutory appeal seeking the reversal of the district court’s denial of his motion to vacate several pretrial warrants, Case: 16-16361 Date Filed: 08/15/2017 Page: 2 of 2 arguing that the government improperly seized certain of his assets. After Dr. Couch filed his appeal, his case proceeded to trial. Dr. Couch was ultimately convicted of several conspiracy and narcotics charges related to a scheme to distribute controlled substances under the guise of maintaining a pain management facility. Following his convictions, Dr. Couch and the government entered into a forfeiture agreement stipulating that Dr. Couch was voluntarily forfeiting the related assets and that the government had established the necessary connection between the forfeited assets and his illegal acts. The district court subsequently entered a preliminary order of forfeiture. Upon review of the record, the parties’ briefs, and their responses to our latest jurisdictional question, we agree with the parties that this appeal is now moot. As a result, we dismiss Dr. Couch’s appeal. See United States v. Serrapio, 754 F.3d 1312, 1317 (11th. Cir. 2014) (“A case becomes moot only when it is impossible for a court to grant any effectual relief whatever to the prevailing party.”) (quoting Knox v. Serv. Employees Int’l Union, Local 1000, 567 U.S. 298, 307 (2012)). APPEAL DISMISSED AS MOOT. 2

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