United States v. Quandella Walker

U.S. Court of Appeals for the Fourth Circuit

United States v. Quandella Walker

Opinion

USCA4 Appeal: 24-4208 Doc: 23 Filed: 10/23/2024 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-4208

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

QUANDELLA WALKER,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., District Judge. (3:18-cr-00194-RJC-SCR-1)

Submitted: September 30, 2024 Decided: October 23, 2024

Before GREGORY, QUATTLEBAUM, and BERNER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

ON BRIEF: Chiege O. Kalu Okwara, Charlotte, North Carolina, for Appellant. Amy Elizabeth Ray, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-4208 Doc: 23 Filed: 10/23/2024 Pg: 2 of 3

PER CURIAM:

Quandella Walker appeals the district court’s judgment revoking her supervised

release and sentencing her to eight months’ imprisonment. During the pendency of this

appeal, Walker was released from custody. Walker’s counsel has filed a brief pursuant to

Anders v. California,

386 U.S. 738

(1967), questioning whether Walker’s revocation

sentence is reasonable but acknowledging that the appeal is moot. Walker was notified of

her right to file a pro se supplemental brief but has not done so. We dismiss the appeal for

lack of jurisdiction.

“A case becomes moot—and therefore no longer a ‘Case’ or ‘Controversy’ for

purposes of Article III—when the issues presented are no longer ‘live’ or the parties lack

a legally cognizable interest in the outcome.” United States v. Ketter,

908 F.3d 61, 65

(4th

Cir. 2018) (internal quotation marks omitted). “Because mootness is jurisdictional, we can

and must consider it even if neither party has raised it.”

Id.

“If an event occurs while a

case is pending on appeal that makes it impossible for the court to grant any effectual relief

whatever to a prevailing party, the appeal must be dismissed.” Incumaa v. Ozmint,

507 F.3d 281, 286

(4th Cir. 2007) (cleaned up).

Walker has already served her sentence, and she is not subject to an additional term

of supervised release. Moreover, Walker has not demonstrated any collateral consequence

of the revocation judgment, and none is apparent from the record. Thus, there is no longer

a live controversy regarding the revocation of Walker’s supervised release, and we are

satisfied that her challenge to the revocation judgment is moot. See United States v. Hardy,

545 F.3d 280, 283-84

(4th Cir. 2008).

2 USCA4 Appeal: 24-4208 Doc: 23 Filed: 10/23/2024 Pg: 3 of 3

In accordance with Anders, we have reviewed the entire record in this case and have

found no grounds upon which we have jurisdiction. Accordingly, we dismiss the appeal

as moot.

This court requires that counsel inform Walker, in writing, of the right to petition

the Supreme Court of the United States for further review. If Walker requests that a petition

be filed, but counsel believes that such a petition would be frivolous, then counsel may

move in this court for leave to withdraw from representation. Counsel’s motion must state

that a copy thereof was served on Walker. 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

3

Reference

Status
Unpublished