United States v. Toby Young Bear


PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Raymond W. Gruender and Bobby E. Shepherd (UNPUBLISHED); Denying as moot [4150154-2] motion to withdraw as counsel filed by Mr. William D. Schmidt. [4190114] [14-1677]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-1677 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Toby P. Young Bear lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of North Dakota - Bismarck ____________ Submitted: August 22, 2014 Filed: August 27, 2014 [Unpublished] ____________ Before WOLLMAN, GRUENDER, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Toby Young Bear directly appeals the sentence of 4 months in prison imposed by the district court1 upon revoking his supervised release. Because Young Bear has 1 The Honorable Daniel L. Hovland, United States District Judge for the District of North Dakota. Appellate Case: 14-1677 Page: 1 Date Filed: 08/27/2014 Entry ID: 4190114 been released from custody and has fully discharged his revocation sentence, we dismiss this appeal as moot. Cf. Spencer v. Kemna, 523 U.S. 1, 7-18 (1998) (declaring challenge to allegedly erroneous parole revocation moot because defendant had already served his entire sentence). We also deny counsel’s motion to withdraw as moot. ______________________________ -2- Appellate Case: 14-1677 Page: 2 Date Filed: 08/27/2014 Entry ID: 4190114

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