United States v. Raymond Hibbert ( 2023 )


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  • USCA4 Appeal: 23-6270      Doc: 5        Filed: 12/28/2023     Pg: 1 of 3
    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 23-6270
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    RAYMOND A. HIBBERT, a/k/a Diamonds, a/k/a Steven Fallon, a/k/a Marcus A.
    Wheeler, a/k/a Andre Ray Davis,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern District of Virginia, at
    Norfolk. Elizabeth W. Hanes, District Judge. (2:13-cr-00124-EWH-DEM-1)
    Submitted: October 4, 2023                                  Decided: December 28, 2023
    Before WILKINSON and HEYTENS, Circuit Judges, and FLOYD, Senior Circuit Judge.
    Vacated and remanded by unpublished per curiam opinion.
    Raymond A. Hibbert, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    USCA4 Appeal: 23-6270      Doc: 5         Filed: 12/28/2023      Pg: 2 of 3
    PER CURIAM:
    Raymond Hibbert appeals the district court’s order dismissing his 
    18 U.S.C. § 3582
    (c)(1)(A) motions for compassionate release and a reduction in his sentence as moot
    due to his release to home confinement by the Bureau of Prisons. We vacate the district
    court’s order and remand for further proceedings.
    “If a change in the law or facts makes it impossible for a court to grant effective
    relief to a prevailing party, the case is moot and must be dismissed.” Johnson v. Charlotte-
    Mecklenburg Schs. Bd. of Educ., 
    20 F.4th 835
    , 842-43 (4th Cir. 2021) (internal quotation
    marks omitted). “A claim may be mooted when the claimant receives the relief he or she
    sought to obtain through the claim.” Williams v. Ozmint, 
    716 F.3d 801
    , 809 (4th Cir. 2013)
    (internal quotation marks omitted). However, “[a] case becomes moot only when it is
    impossible for a court to grant any effectual relief whatever to the prevailing party.” MOAC
    Mall Holdings LLC v. Transform Holdco LLC, 
    598 U.S. 288
    , 295 (2023) (internal
    quotation marks omitted).
    Pursuant to Section 3582(c)(1)(A), the district court has discretion to reduce
    Hibbert’s sentence—even to time served—and to order Hibbert’s immediate release. In
    his motions, Hibbert requested “immediate release” and a sentence reduction to time
    served. Because it is possible for the district court to grant Hibbert effectual relief under
    
    18 U.S.C. § 3582
    (c)(1)(A)(i) by reducing his prison sentence or releasing him from the
    2
    USCA4 Appeal: 23-6270       Doc: 5         Filed: 12/28/2023      Pg: 3 of 3
    custody of the Bureau of Prisons, his motions for a sentence reduction and compassionate
    release were not rendered moot by his release to home confinement. ∗
    Accordingly, we vacate the district court’s order and remand for further
    proceedings. We express no opinion on the merits of Hibbert’s motions. 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.
    VACATED AND REMANDED
    ∗
    “An inmate in home confinement remains in the custody of the Bureau” of Prisons.
    United States v. Saunders, 
    986 F.3d 1076
    , 1078 (7th Cir. 2021). The Bureau of Prisons’
    website confirms that Hibbert is still in custody; his projected release date is July 21, 2027.
    3
    

Document Info

Docket Number: 23-6270

Filed Date: 12/28/2023

Precedential Status: Non-Precedential

Modified Date: 12/29/2023