Background
Gregory Todd Bengston appealed a district court order regarding the revocation of his supervised release. While the appeal was pending, Bengston completed the prison term imposed upon revocation and was released from custody. His sentence did not include an additional term of supervision. The Federal Public Defender appointed to represent Bengston moved for leave to withdraw and filed a brief in accordance with Anders v. California and United States v. Flores.
The court’s reasoning
The court found that because Bengston completed his prison term and was released from custody, there was no longer a case or controversy for the court to address. The court cited Spencer v. Kenma regarding the mootness doctrine. Consequently, the appeal was dismissed as moot.
What it means going forward
The dismissal resolves the appeal without reaching the merits of the supervised release revocation, leaving the district court’s underlying order in place but unreviewed on appeal.
Podcast (federal-narrative-summaries): Play in new window | Download