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  • United States v. Duane McAtee, 4th Cir. (2014)

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding defendant Duane McAtee's appeal of his six-month sentence for contempt of court. The court dismisses the appeal as moot because McAtee has already served his full sentence and been released from incarceration, so there is no longer a live controversy regarding the length of his confinement. As McAtee has not identified any collateral consequences of his sentence, the court concludes that his challenge to the sentence is now moot.

    Original Description:

    Filed: 2014-10-21 Precedential Status: Non-Precedential Docket: 13-4526

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding defendant Duane McAtee's appeal of his six-month sentence for contempt of court. The court dismisses the appeal as moot because McAtee has already served his full sentence and been released from incarceration, so there is no longer a live controversy regarding the length of his confinement. As McAtee has not identified any collateral consequences of his sentence, the court concludes that his challenge to the sentence is now moot.

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    Public Domain
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    6 views2 pages

    United States v. Duane McAtee, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding defendant Duane McAtee's appeal of his six-month sentence for contempt of court. The court dismisses the appeal as moot because McAtee has already served his full sentence and been released from incarceration, so there is no longer a live controversy regarding the length of his confinement. As McAtee has not identified any collateral consequences of his sentence, the court concludes that his challenge to the sentence is now moot.

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    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    UNPUBLISHED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.

    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)

    Friedmans, 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, McAtees 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

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