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22-6599•United States of America v. Leila Varetta Hector, a/k/a Leila Varretta Hector, a/k/a Leila Varetta Hector-Dykes,…
22-6599Court of Appeals for the Fourth CircuitJul 6, 2022
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6599
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LEILA VARETTA HECTOR, a/k/a Leila Varretta Hector, a/k/a Leila Varetta
Hector-Dykes, a/k/a Rita Hector,
Defendant - Appellant.
Appeal from the United States District Court for the Western District of Virginia, at Big
Stone Gap. James P. Jones, Senior District Judge. (2:18-cr-00003-JPJ-PMS-2)
Submitted: June 29, 2022 Decided: July 6, 2022
Before MOTZ, AGEE, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Leila Varetta Hector, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Leila Varetta Hector appeals from the district court’s order denying her motion to
delay the date that Hector was required to report to the Bureau of Prisons to begin service
of her 121-month sentence.* Upon review, we conclude that the instant appeal is moot.
“The mootness doctrine is a limitation on federal judicial power grounded in the
‘case-or-controversy’ requirement of Article III of the U.S. Constitution.” United States v.
Springer, 715 F.3d 535, 540 (4th Cir. 2013); see U.S. Const. art. III, § 2, cl. 1. “Mootness
is a jurisdictional question and thus may be raised sua sponte by a federal court at any stage
of proceedings.” Springer, 715 F.3d at 540. We lose jurisdiction over any portion of an
appeal that becomes moot. Incumaa v. Ozmint, 507 F.3d 281, 285-86 (4th Cir. 2007). “If
an event occurs while a case is pending on appeal that makes it impossible for the court to
grant any effectual relief . . . to a prevailing party, the appeal must be dismissed.” Id. at
286 (cleaned up).
* We previously affirmed the district court’s denial of Hector’s motion for
compassionate release “without prejudice to Hector filing a future motion for a sentence
reduction once her incarceration commences.” United States v. Hector, No. 21-7551, 2022
WL 1641285, at *1 (4th Cir. May 24, 2022) (unpublished). The instant appeal concerns
only the denial of Hector’s motion to extend her reporting date.
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Because Hector has begun to serve her sentence, her challenge to the district court’s
order declining to stay her reporting date is moot. Accordingly, we dismiss the appeal. We
dispense with oral argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would not aid the decisional
process.
DISMISSED
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