United States v. Toby Young Bear
Filing
PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Raymond W. Gruender and Bobby E. Shepherd (UNPUBLISHED); Denying as moot [4150154-2] motion to withdraw as counsel filed by Mr.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]
United States Court of Appeals
For the Eighth Circuit
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No. 14-1677
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Toby P. Young Bear
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the District of North Dakota - Bismarck
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Submitted: August 22, 2014
Filed: August 27, 2014
[Unpublished]
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Before WOLLMAN, GRUENDER, and SHEPHERD, Circuit Judges.
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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.
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-2-
Appellate Case: 14-1677
Page: 2
Date Filed: 08/27/2014 Entry ID: 4190114
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