United States v. Backari Mackey

Opinion

Case: 17-14214 Date Filed: 01/22/2019 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________

No. 17-14214 Non-Argument Calendar ________________________

D.C. Docket No. 2:98-cr-00108-LSC-TMP-2

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

BACKARI MACKEY, a.k.a. Bakari Mackey, Defendant-Appellant. ________________________

Appeal from the United States District Court for the Northern District of Alabama ________________________

(January 22, 2019)

Before WILLIAM PRYOR, GRANT and ANDERSON, Circuit Judges.

PER CURIAM:

Kevin L. Butler, appointed counsel for Backari Mackey in this direct

criminal appeal, has moved to withdraw from further representation of the Case: 17-14214 Date Filed: 01/22/2019 Page: 2 of 2

appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967).

Our independent review of the entire record reveals that counsel’s assessment of

the relative merit of the appeal is correct. Because independent examination of the

entire record reveals no arguable issues of merit, counsel’s motion to withdraw is

GRANTED, and the district court’s order modifying the terms of Mackey’s

supervised release is AFFIRMED. 1

1 We note that Mackey has apparently satisfied the district court’s special supervised- release condition that he reside in a halfway house for six months, and that he is no longer subject to that condition. To the extent this renders his appeal moot, the proceedings are hereby dismissed. See United States v. Farmer, 923 F.2d 1557, 1568 (11th Cir. 1991) (holding that appeal from sentence was rendered moot by the defendant’s release from custody). 2