United States v. Bounds

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-41056

Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus TROY DONOVAN BOUNDS, Defendant-Appellant.

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Appeal from the United States District Court for the Southern District of Texas USDC No. V-94-CR-1-2

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April 17, 1997

Before REAVLEY, DAVIS, and BARKSDALE, Circuit Judges.

PER CURIAM:* The Government’s motion for the dismissal of Troy Donovan Bounds’s appeal from the denial of his motion for the return of property under FED. R. CRIM. P. 41(e) is DENIED. Bounds’s notice of appeal was timely filed. Hunt v. United States Dep’t of Justice, 2 F.3d 96, 97 (5th Cir. 1993).

Bounds concedes that the property he seeks to have returned has been destroyed. His appeal therefore is moot. See Rocky v. King, 900 F.2d 864, 867 (5th Cir. 1990). Because the appeal is

*

Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.

No. 96-41056

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moot, it is DISMISSED.