United States v. Thomas

130 F. App'x 700

Opinion

PER CURIAM: *

Makeba Dehron Thomas has appealed the denial of his motion for release pending trial. Previously, this court remanded Thomas’ appeal for a determination whether his untimely filing of a notice of appeal was due to excusable neglect or good cause. On remand, the district court determined that Thomas had not shown that the untimely filing was due to excusable neglect or good cause. In compliance with our remand order, the district court has returned the case to this court. The Government has moved to dismiss the appeal for lack of jurisdiction.

The record indicates that shortly after the district court returned this case to our court, Thomas was convicted by a jury for possession of cocaine base with intent to distribute. We have held that a defendant’s claim to release pending trial is mooted by the defendant’s conviction. 1 In addition, we need not remand this case to the district court given that the order appealed from relating to pretrial detention and bail has been superceded by Thomas’ conviction. 2

Thomas’ appeal is DISMISSED AS MOOT. The Government’s motion to dismiss for lack of jurisdiction is DENIED AS UNNECESSARY.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

1 . See United States v. O’Shaughnessy, 772 F.2d 112, 113 (5th Cir.1985) (citing Murphy v. Hunt, 455 U.S. 478, 102 S.Ct. 1181, 71 L.Ed.2d 353 (1982)).

2 . Id. (citing United States v. Munsingwear, Inc., 340 U.S. 36, 39-40, 71 S.Ct. 104, 95 L.Ed. 36 (1950)).