US v. Shawnsy Mitchell

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [997982541-3] Originating case number: 3:03-cr-00009-JRS-1 Copies to all parties and the district court/agency. [998559308]. Mailed to: Shawnsy D. Mitchell. [08-8175]

Case: 08-8175

Document: 13

Date Filed: 04/04/2011

Page: 1

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 08-8175

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
SHAWNSY DEVON MITCHELL,
Defendant – Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
James R. Spencer, Chief
District Judge. (3:03-cr-00009-JRS-1)

Submitted:

March 31, 2011

Decided:

April 4, 2011

Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Shawnsy Devon Mitchell, Appellant Pro Se.
Laura Colombell
Marshall, Stephen Wiley Miller, Elizabeth Wu, Assistant United
States Attorneys, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Case: 08-8175

Document: 13

Date Filed: 04/04/2011

Page: 2

PER CURIAM:
Shawnsy
order

denying

Devon

his

Mitchell

motion

to

appeals

reduce

18 U.S.C. § 3582(c)(2) (2006).

the

his

district

sentence

court’s

pursuant

to

Because his appeal is moot, we

dismiss the appeal.
Mitchell
sentenced

to

pleaded

ninety

supervised release.

guilty

months’

in

April

imprisonment

2003.

and

five

He

was

years

of

Mitchell served his active sentence and was

released on November 18, 2009, while this appeal was in abeyance
pending

decision

in

another

appeal.

Because

Mitchell

has

completed the confinement portion of his sentence, his argument
that the district court abused its discretion in denying his
motion for reduction of sentence is moot. *
Accordingly, we dismiss the appeal as moot.
Mitchell’s motion to appoint counsel.

We deny

We dispense with oral

argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would
not aid the decisional process.
DISMISSED

*

Our decision is without prejudice to any future motion
Mitchell may file for early termination of supervised release
pursuant to 18 U.S.C. § 3583(e)(1) (2006).

2