US v. Jamie Smith, No. 16-6877 (4th Cir. 2016)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6877 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JAMIE EARL SMITH, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever, III, Chief District Judge. (5:10-cr-00211-D-1) Submitted: November 22, 2016 Before DIAZ and Circuit Judge. THACKER, Circuit Decided: Judges, November 28, 2016 and DAVIS, Senior Dismissed by unpublished per curiam opinion. Stephen Clayton Gordon, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. Leslie Katherine Cooley, Assistant United States Attorney, Dena Janae King, Denise Walker, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jamie Earl Smith appeals the district court’s order denying his 18 U.S.C. reduction. term of § 3582(c)(2) (2012) motion for a sentence While Smith’s appeal was pending, he completed his imprisonment and was released from prison. “Given [appellant’s] release from prison, there is no wrong to remedy and an appeal should be dismissed when, by virtue of an intervening event, a court of appeals cannot grant any effectual relief whatever in favor of the appellant.” Hardy, 545 F.3d 280, 285 (4th Cir. United States v. 2008) (alteration and internal quotation marks omitted); United States v. Booker, 645 F.3d 328 (5th Cir. 2011) (per curiam) (explaining that “[a]ny termination of supervised release must be sought by a motion under 18 U.S.C. § 3583(e)(1)”). appeal as moot. facts and materials legal before Accordingly, we dismiss this We dispense with oral argument because the contentions are adequately this and argument court presented would not in the aid the decisional process. DISMISSED 2

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