United States v. Jose Albizures

• Court: Court of Appeals for the Eighth Circuit
• Decided: April 9, 2021
• Docket: 20-3122
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-3122 ___________________________

United States of America,

lllllllllllllllllllllPlaintiff - Appellee,

v.

Jose L. Albizures,

lllllllllllllllllllllDefendant - Appellant. ____________

Appeal from United States District Court for the Western District of Missouri - Kansas City ____________

Submitted: April 6, 2021 Filed: April 9, 2021 [Unpublished] ____________

Before COLLOTON, BENTON, and STRAS, Circuit Judges. ____________

PER CURIAM.

Jose Albizures appeals an eight-month term of imprisonment that the district 1 court imposed after revoking his supervised release. His counsel has moved to

1 The Honorable Beth Phillips, Chief Judge, United States District Court for the Western District of Missouri. withdraw and has filed a brief challenging the prison sentence as unreasonable. We note that Albizures was released from federal prison on February 26, 2021. Because Albizures challenges only his prison sentence, it would be impossible to grant him any effective relief, so the appeal is moot. See Mills v. Green, 159 U.S. 651, 653 (1985); United States v. Williams, 483 F.3d 889 (8th Cir. 2007) (per curiam). Accordingly, we dismiss the appeal and grant counsel’s motion to withdraw. ______________________________

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