United States v. Robinson ( 2020 )

FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT February 27, 2020
_________________________________
Christopher M. Wolpert
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 19-6087
(D.C. No. 5:07-CR-00072-R-1)
EVERETT BERNARD ROBINSON, (W.D. Okla.)
Defendant - Appellant.
_________________________________
ORDER AND JUDGMENT *
_________________________________
Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.
_________________________________
Defendant Everett Robinson appealed the district court’s April 29, 2019 order
dismissing for lack of jurisdiction his motion for relief from his prison sentence
under the First Step Act. After the appeal was fully briefed, Mr. Robinson filed a
motion in the district court seeking compassionate release from federal custody. The
district court granted the motion for compassionate release in its February 10, 2020
order and reduced his sentence of imprisonment to time served. According to the
*
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore
ordered submitted without oral argument. This order and judgment is not binding
precedent, except under the doctrines of law of the case, res judicata, and collateral
estoppel. It may be cited, however, for its persuasive value consistent with
Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
Bureau of Prison’s inmate locator, Mr. Robinson was released from federal custody
on February 11, 2020. 1
The government has moved the court to dismiss this appeal as moot. Because
Mr. Robinson was only challenging his sentence in this appeal, not his conviction,
the only remedy he could have achieved with a successful appeal was relief from his
sentence. Since Mr. Robinson’s sentence has now been reduced to time served and he
has been released from custody, this court cannot provide any additional relief to Mr.
Robinson through the appeal. See United States v. Meyers, 200 F.3d 715, 718 (10th
Cir. 2000). The government conceded that Mr. Robinson had not been served with its
motion to dismiss but only because he had not provided the government an updated
mailing address. Similarly, Mr. Robinson has not provided a new mailing address to
the court. See 10th Cir. R. 46.1(C).
Under the circumstances presented here, the government’s motion to dismiss
the appeal as moot is granted. The appellant’s pending motion for in forma pauperis
status is also granted. This appeal is dismissed.
The clerk is directed to issue the mandate forthwith.
Entered for the Court
Per Curiam
1
https://www.bop.gov/inmateloc/ (searched Feb. 25, 2020).
2