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United States v. Kenny Iroegbu
697 F. App'x 400
| 5th Cir. | 2017
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Docket

*1 Before DAVIS, CLEMENT, and COSTA, Circuit Judges.

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.

*2 Case: 16-10721 Document: 00514164419 Page: 2 Date Filed: 09/20/2017

No. 16-10721

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 (5th Cir. 2011). Accordingly, the appeal is DISMISSED AS MOOT. Iroegbu’s motions to expedite his appeal are DENIED.

2

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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

Case Details

Case Name: United States v. Kenny Iroegbu
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Sep 20, 2017
Citation: 697 F. App'x 400
Docket Number: 16-10721 Summary Calendar
Court Abbreviation: 5th Cir.
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