United States v. Kenny Iroegbu

697 F. App'x 400

• Court: Court of Appeals for the Fifth Circuit
• Decided: September 20, 2017
• Docket: 16-10721 Summary Calendar
• Status: Unpublished

Opinion

PER CURIAM: *

Kenny Iroegbu, federal prisoner # 48132-177, pleaded guilty to one count of aiding or assisting in the preparation or presentation of a false or fraudulent individual income tax return. The district court sentenced him to 36 months of imprisonment and a one-year term of supervised release. It also ordered Iroegbu to pay $323,046 in restitution. He appeals the denial of his 18 U.S.C. § 3582(c)(2) motion for a reduction of sentence.

The district court determined on March 17, 2017, that Iroegbu’s untimely filing of the notice of appeal was due to excusable neglect. However, according to the website of the Bureau of Prisons, Iroegbu was released from imprisonment on December 16, 2016. “Where a defendant has begun serving a term of supervised release, the appeal of the denial of his § 3582(c)(2) motion is moot.” United States v. Booker, 645 F.3d 328, 328 (6th Cir. 2011). Accordingly, the appeal is DISMISSED AS MOOT. Iroegbu’s motions to expedite his appeal are DENIED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.