United States v. Donald Clark , 372 F. App'x 516 ( 2010 )


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  •      Case: 09-60389     Document: 00511071051          Page: 1    Date Filed: 04/06/2010
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT  United States Court of Appeals
    Fifth Circuit
    FILED
    April 6, 2010
    No. 09-60389
    Summary Calendar                         Lyle W. Cayce
    Clerk
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee
    v.
    DONALD CLARK, also known as “Little Don”,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Northern District of Mississippi
    USDC No. 4:04-CR-120-1
    Before DeMOSS, PRADO, and HAYNES, Circuit Judges.
    PER CURIAM:*
    Donald Clark, federal prisoner # 12044-042, appeals the district court’s
    judgment denying his motion to reduce his sentence pursuant to 
    18 U.S.C. § 3582
    (c)(2) based on the amendment to the crack cocaine guideline.
    Clark pleaded guilty on November 9, 2004. He was sentenced to sixty
    months of imprisonment and four years of supervised release on February 10,
    2005. Judgment was entered February 16, 2005. Clark served his sentence and
    was released from incarceration on May 29, 2009.
    *
    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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
    Case: 09-60389    Document: 00511071051 Page: 2        Date Filed: 04/06/2010
    No. 09-60389
    While neither party raises jurisdiction, we are obligated to sua sponte
    determine whether this case is moot. See Johnson v. Pettiford, 
    442 F.3d 917
    , 918
    (5th Cir. 2006) (citation omitted). Because Clark has completed the confinement
    portion of his sentence, his argument that the district court abused its discretion
    in denying his motion for reduction of sentence is moot. See 
    id.
     At most, we
    could determine whether Clark is entitled to a reduction in the term of
    supervised release, which he is currently serving.        See 
    id.
       However, the
    amendments to the crack cocaine sentencing guidelines nowhere provide for the
    reduction of a term of supervised release for already-completed sentences, nor
    does Clark argue that he is entitled to a reduction in his term of supervised
    release. See U. S. Sentencing Guidelines Manual § 2D1.1 (2007); id. Supp. to
    App’x C, Amend. 706.
    Accordingly, Clark’s appeal is DISMISSED as moot.
    2
    

Document Info

Docket Number: 09-60389

Citation Numbers: 372 F. App'x 516

Judges: Demoss, Prado, Haynes

Filed Date: 4/6/2010

Precedential Status: Non-Precedential

Modified Date: 11/5/2024