US v. Duane McAtee

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:13-cr-00017-JPB-JES-1. Copies to all parties and the district court/agency. [999458874]. [13-4526]

Appeal: 13-4526

Doc: 37

Filed: 10/21/2014

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-4526

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
DUANE MCATEE,
Defendant - Appellant.

Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling.
John Preston Bailey,
Chief District Judge. (5:13-cr-00017-JPB-JES-1)

Submitted:

January 3, 2014

Decided:

October 21, 2014

Before KING, GREGORY, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Katy J. Cimino, Assistant Federal Public Defender, Kristen M.
Leddy,
Research
and
Writing
Specialist,
Clarksburg,
West
Virginia, for Appellant.
William J. Ihlenfeld, II, United
States Attorney, Paul T. Camilletti, Assistant United States
Attorney, Martinsburg, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 13-4526

Doc: 37

Filed: 10/21/2014

Pg: 2 of 2

PER CURIAM:
Duane

McAtee

appeals

his

six-month

sentence

pursuant to his conviction for contempt of court.

entered

McAtee contends

that his sentence is procedurally and substantively unreasonable.
We dismiss the appeal as moot.
On January 6, 2014, while this appeal was pending, McAtee
was released from incarceration.

We may address sua sponte whether

an issue on appeal presents “a live case or controversy . . . since
mootness goes to the heart of the Article III jurisdiction of the
courts.”
2002)

Friedman’s, Inc. v. Dunlap, 290 F.3d 191, 197 (4th Cir.

(internal

quotation

marks

omitted).

Because

McAtee

has

already served his term of imprisonment and has not identified any
collateral

consequences

of

it,

there

is

no

longer

controversy regarding the length of his confinement.
his challenge to his sentence is moot.

any

live

Therefore,

See United States v. Hardy,

545 F.3d 280, 283-84 (4th Cir. 2008).
Accordingly, McAtee’s appeal is dismissed as moot.

dispense

with

contentions

are

oral

argument

adequately

because

presented

in

the
the

facts

We

and

legal

materials

before

this court and argument would not aid the decisional process.

DISMISSED

2