United States v. Booker

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8494

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

ERNEST M. BOOKER, a/k/a E, a/k/a Shawndell Campbell,

Defendant – Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (3:03-cr-00394-JRS-3)

Submitted: June 4, 2009 Decided: June 9, 2010

Before NIEMEYER, MOTZ, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Amy Leigh Austin, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Richmond, Virginia, for Appellant. Roderick Charles Young, Assistant United States Attorney, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Ernest M. Booker appeals the district court’s order

denying his 18 U.S.C. § 3582(c)(2) (2006) motion for reduction

of sentence. We have reviewed the record and conclude that the

appeal is moot because Booker is no longer in custody.

See U.S. Sentencing Guidelines Manual § 1B1.10(b)(2)(C), p.s.

(2009); Incumaa v. Ozmint, 507 F.3d 281, 285-86 (4th Cir. 2007)

(setting forth the principles of appellate mootness).

We therefore dismiss the appeal as moot and deny Booker’s motion

to appoint counsel. We dispense with oral argument because the

facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

DISMISSED