Appeal Not Moot Where Lesser Supervised Release Term Possible

U.S. v. Turner, 2007 WL 534132 (2/22/07)(unpub'd) - A liberal interpretation of when a case is not moot. Although the defendant who was challenging the length of his prison term had finished his prison term, the case was not moot because on resentencing the d.ct. might impose a lower supervised release term, especially after Booker. The 10th, however, affirmed the sentence. Of interest to those wishing to avoid appellate representation, the 10th refused to allow the defendant's appellate attorney to withdraw where she asserted the defendant did not want her to represent him, but did not allege a total breakdown in communication and the defendant himself never asked for a new attorney or filed his own brief.