United States v. Epps, No. 11-3002 (D.C. Cir. 2013)
Annotate this CasePrior to Freeman v. United States, the district court denied defendant's 18 U.S.C. 3582(c)(2) motion for a reduction of his Federal Rule of Criminal Procedure 11(c)(1)(C) sentence. The court held that it had jurisdiction of defendant's appeal notwithstanding his release from incarceration and the commencement of his term of supervised release; defendant's appeal was not moot because applying the amended version of the supervisory release provision would be impermissibly retroactive and, in not applying this amended provision, it becomes likely that defendant's term of supervisory release could be impacted by the outcome of this appeal; it remained for the district court to address the pre-amendment inter-circuit conflict as to which of two provisions on supervisory release applied to defendant in considering his pending motion to reduce his supervisory term; in the absence of necessary overlap between the reasoning of the plurality and concurring opinions in the Supreme Court's decision in Freeman to discern a narrower opinion that constituted binding precedent, defendant qualified for relief under section 3582(c)(2). Accordingly, the court reversed and remanded.
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