United States v. Charles Harding ( 2016 )

Case: 16-50131 Document: 00513808319 Page: 1 Date Filed: 12/21/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-50131 FILED
Summary Calendar December 21, 2016
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
CHARLES MARRION HARDING,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:10-CR-1376-1
Before JOLLY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: *
Charles Marrion Harding, federal prisoner # 06729-078, appeals the
district court’s denial of his 18 U.S.C. § 3582(c)(2) motion for a sentencing
reduction based on Amendment 782 to the Sentencing Guidelines. On
September 23, 2016, before this case was decided, Harding was released from
federal custody. “Where a defendant has begun serving a term of supervised
release, the appeal of the denial of his § 3582(c)(2) motion is moot.” United
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-50131 Document: 00513808319 Page: 2 Date Filed: 12/21/2016
No. 16-50131
States v. Booker, 645 F.3d 328, 328 (5th Cir. 2011). Harding’s appellate
arguments pertain only to the denial of relief under § 3582(c)(2) as related to
the term of his imprisonment, and he makes no challenge to his term of
supervised release. Accordingly, the appeal is DISMISSED AS MOOT.
2