United States v. Sunny Robinson ( 2018 )

Case: 17-20653 Document: 00514618754 Page: 1 Date Filed: 08/28/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-20653 FILED
Summary Calendar August 28, 2018
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
SUNNY ROBINSON,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:09-CR-422-1
Before BENAVIDES, HIGGINSON, and ENGELHARDT, Circuit Judges.
PER CURIAM: *
Sunny Robinson, federal prisoner # 43681-279, was convicted by a jury
of conspiracy to commit health care fraud, aiding and abetting health care
fraud, conspiracy to violate the Anti-Kickback Statute, and paying kickbacks
in violation of the Anti-Kickback Statute. Robinson was sentenced to 97
months of imprisonment and to concurrent three-year terms of supervised
release. He appeals the denial of his pro se motion for reduction of sentence
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-20653 Document: 00514618754 Page: 2 Date Filed: 08/28/2018
No. 17-20653
under 18 U.S.C. § 3582(c)(2), based on Amendment 792 to the Sentencing
Guidelines, which amended, inter alia, the definition of “intended loss” under
U.S.S.G. § 2B1.1.
The district court correctly noted that Amendment 792 was not among
the amendments listed in U.S.S.G. § 1B1.10(d), and therefore concluded that a
sentence reduction was not authorized under § 3582(c)(2). See Dillon v. United
States, 560 U.S. 817, 825-26 (2010). However, according to the Bureau of
Prisons website, Robinson was released from imprisonment on April 27, 2018.
“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 States v. Booker, 645
F.3d 328, 328 (5th Cir. 2011).
Accordingly, the appeal is DISMISSED AS MOOT.
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