LAW.coLAW.co

UNITED STATES v. GESS (2021)

United States Court of Appeals, Tenth Circuit.2021-01-11No. No. 20-1353

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

ORDER AND JUDGMENT *

This matter comes before the court on the governments motion to dismiss as moot Defendant Joshua David Gesss appeal of the district courts denial of release pending trial. On December 29, 2020, Mr. Gess pleaded guilty to a superseding indictment and was remanded to custody pending sentencing. Because Mr. Gess no longer has a legally cognizable interest in the decision whether he should have been released on bail pending trial, his appeal is moot. See Murphy v. Hunt, 455 U.S. 478, 481, 102 S.Ct. 1181, 71 L.Ed.2d 353 (1982) (per curiam) (concluding that a defendants claim to pretrial bail was moot once he was convicted).

We grant the governments motion and dismiss the appeal as moot.

Per Curiam