United States v. Daniel Drews ( 2017 )

United States Court of Appeals
For the Eighth Circuit
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No. 16-4199
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Daniel Drews
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the District of Nebraska - Omaha
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Submitted: April 3, 2017
Filed: August 11, 2017
[Unpublished]
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Before SMITH, Chief Judge, ARNOLD and SHEPHERD, Circuit Judges.
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PER CURIAM.
Daniel Drews violated the terms of his supervised release and was sentenced,
in November 2016, to 8 months of imprisonment and 24 more months of supervised
release. He appealed that sentence, and the appeal was submitted to this panel on
April 3, 2017. Since the appeal was submitted, Drews has served his full term of
imprisonment, had his supervision revoked again, and been sentenced to 6 more
months of imprisonment with no more supervised release.
“Final judgment in a criminal case means sentence. The sentence is the
judgment.” Burton v. Stewart, 549 U.S. 147, 156 (2007) (per curiam) (quoting
Berman v. United States, 302 U.S. 211, 212 (1937)). Because Drews is no longer
serving the sentence, and therefore the judgment, now on appeal, the appeal is moot.
See United States v. Maxie, No. 16-1448, 2017 WL 3084423 (8th Cir. July 20, 2017)
(per curiam).
Accordingly, we dismiss this appeal.
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