United States v. Heard

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-30708 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus MICHAEL O’SHEA HEARD,

Defendant-Appellant. _________________________________________________________________

Appeal from the United States District Court for the Western District of Louisiana USDC No. 98-CR-30011-01 _________________________________________________________________

August 4, 1999

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Michael O’shea Heard appeals from the district court’s denial

of his motion to revoke the magistrate judge’s order that he be

detained without bail pending trial on five drug trafficking

counts. While this appeal was pending, Heard’s trial was held and

a jury convicted him of all counts. Because Heard is now in

federal custody pursuant to a criminal conviction, his request for

release from pretrial confinement is moot. See Fassler v. United

States, 858 F.2d 1016, 1018 (5th Cir. 1988). Accordingly, Heard’s

appeal is DISMISSED.

APPEAL DISMISSED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.