F I L E D United States Court of Appeals Fifth Circuit IN THE UNITED STATES COURT OF APPEALS March 27, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 02-61036 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ANGELA MICHELLE ROUTE,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Mississippi USDC No. 02-CR-18-4 --------------------

Before BARKSDALE, DEMOSS, and, BENAVIDES, Circuit Judges.

PER CURIAM:*

Angela Michelle Route appeals the district court’s

affirmance of a magistrate judge’s order that she be detained

pending trial. While this appeal was pending, Route pleaded

guilty to one of the counts of the indictment. Because Route now

is in federal custody pursuant to a criminal conviction, her

request for release from pretrial confinement is moot as to that

count. See Fassler v. United States,

(5th

Cir. 1988). Although her appeal is not moot as to the remaining

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 02-61036 -2-

counts, in the absence of a motion for release pending

sentencing, Route would remain in custody even if we concluded

that the district court erred below. Therefore, we AFFIRM. See

Sojourner T v. Edwards,

(5th Cir. 1992) (court

may affirm on any grounds supported by the record).

AFFIRMED.