US v. Kyjahre Riley

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:12-cr-00060-WO-1 Copies to all parties and the district court/agency. [1000038793]. [16-4470]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-4470

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KYJAHRE HASAN RILEY,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
William L. Osteen,
Jr., Chief District Judge. (1:12-cr-00060-WO-1)

Submitted:

March 3, 2017

Decided:

March 9, 2017

Before NIEMEYER, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Louis C. Allen, Federal Public Defender, Eric D. Placke, First
Assistant Federal Public Defender, Greensboro, North Carolina;
Bradley W. Simon, Clinical Student, WAKE FOREST UNIVERSITY SCHOOL
OF LAW, Winston-Salem, North Carolina, for Appellant. Ripley Rand,
United States Attorney, Michael A. DeFranco, Assistant United
States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Kyjahre Hasan Riley seeks to appeal the district court’s
amended judgment, resentencing him to a period of incarceration of
“37 months but not less than time served.”

United States v. Riley,

No. 1:12-cr-00060-WO-1 (M.D.N.C., PACER No. 70 at 2).

Because

Riley has completed his term of imprisonment, we dismiss Riley’s
appeal as moot.
Although neither party questions whether Riley’s appeal of
his term of imprisonment is moot, this court “must address whether
[it has] jurisdiction over this . . . appeal.”
817 F.3d 877, 882 (4th Cir. 2016).

Yates v. Terry,

“The doctrine of mootness

originates in Article III’s case or controversy language,” and
this Court loses jurisdiction over any portion of an appeal that
becomes moot.

Incumaa v. Ozmint, 507 F.3d 281, 286 (4th Cir. 2007)

(alterations and internal quotation marks omitted).

“[A] case is

moot when the issues presented are no longer live or the parties
lack a legally cognizable interest in the outcome.”
quotation marks omitted).

Id. (internal

“If an event occurs while a case is

pending on appeal that makes it impossible for the court to grant
any effectual relief whatever to a prevailing party, the appeal
must be dismissed . . . .”

Id. (alteration and internal quotation

marks omitted).
Here, Riley’s completion of his term of imprisonment before
his

appeal

rendered

his

challenge
2

to

the

prison

term

moot.

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Accordingly, we dismiss Riley’s appeal for lack of jurisdiction.
We

dispense

with

oral

argument

because

the

facts

and

legal

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

3