United States of America v. ALVIN R. SIMMONS, Jr

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 08-2427
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UNITED STATES OF AMERICA
v.
ALVIN R. SIMMONS, Jr.,
Appellant
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On Appeal from the United States District Court
for the Western District of Pennsylvania
(D.C. No. 2-04-cr-00278)
District Judge: Honorable Donetta W. Ambrose
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Submitted Under Third Circuit LAR 34.1(a)
December 1, 2009
Before: FISHER, HARDIMAN and STAPLETON, Circuit Judges.
(Filed: December 2, 2009)
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OPINION OF THE COURT
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HARDIMAN, Circuit Judge.

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2
On April 23, 2008, the District Court revoked Appellant Alvin R. Simmons’s
supervised release and sentenced him to twenty-one months incarceration. The District
Court further directed that Simmons was not subject to supervised release following his
release from custody. Counsel subsequently filed this appeal at Simmons’s request, but
moved to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967).
Bureau of Prisons records indicate—and Simmons’s counsel confirms—that
Simmons was released from federal custody on November 6, 2009. Because a
defendant’s unconditional release typically renders moot an appeal of a district court’s
imposition of a term of incarceration for a supervised release violation, United States v.
Kissinger, 309 F.3d 179, 182 (3d Cir. 2002), we directed Simmons’s counsel to explain
why Simmons’s release would not require dismissal of his appeal. In response,
Simmons’s counsel concedes that the present appeal is moot under Kissinger.
Accordingly, we will enter an order dismissing Simmons’s appeal as moot.

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