United States v. Heard

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-30708

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

MICHAEL O’SHEA HEARD,

Defendant-Appellant. _________________________________________________________________ Appeal from the United States District Court for the Western District of Louisiana USDC No. 98-CR-30011-01 _________________________________________________________________ August 4, 1999

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Michael O’shea Heard appeals from the district court’s denial of his motion to revoke the magistrate judge’s order that he be detained without bail pending trial on five drug trafficking counts. While this appeal was pending, Heard’s trial was held and a jury convicted him of all counts. Because Heard is now in federal custody pursuant to a criminal conviction, his request for release from pretrial confinement is moot. See Fassler v. United States, 858 F.2d 1016, 1018 (5th Cir. 1988). Accordingly, Heard’s appeal is DISMISSED.

APPEAL DISMISSED.