United States v. Robinson, No. 19-6087 (10th Cir. 2020)
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UNITED STATES COURT OF APPEALS FILED United States Court of Appeals Tenth Circuit FOR THE TENTH CIRCUIT _________________________________ UNITED STATES OF AMERICA, February 27, 2020 Christopher M. Wolpert Clerk of Court Plaintiff - Appellee, v. EVERETT BERNARD ROBINSON, No. 19-6087 (D.C. No. 5:07-CR-00072-R-1) (W.D. Okla.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT * _________________________________ Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges. _________________________________ Defendant Everett Robinson appealed the district court’s April 29, 2019 order dismissing for lack of jurisdiction his motion for relief from his prison sentence under the First Step Act. After the appeal was fully briefed, Mr. Robinson filed a motion in the district court seeking compassionate release from federal custody. The district court granted the motion for compassionate release in its February 10, 2020 order and reduced his sentence of imprisonment to time served. According to the * After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Bureau of Prison’s inmate locator, Mr. Robinson was released from federal custody on February 11, 2020. 1 The government has moved the court to dismiss this appeal as moot. Because Mr. Robinson was only challenging his sentence in this appeal, not his conviction, the only remedy he could have achieved with a successful appeal was relief from his sentence. Since Mr. Robinson’s sentence has now been reduced to time served and he has been released from custody, this court cannot provide any additional relief to Mr. Robinson through the appeal. See United States v. Meyers, 200 F.3d 715, 718 (10th Cir. 2000). The government conceded that Mr. Robinson had not been served with its motion to dismiss but only because he had not provided the government an updated mailing address. Similarly, Mr. Robinson has not provided a new mailing address to the court. See 10th Cir. R. 46.1(C). Under the circumstances presented here, the government’s motion to dismiss the appeal as moot is granted. The appellant’s pending motion for in forma pauperis status is also granted. This appeal is dismissed. The clerk is directed to issue the mandate forthwith. Entered for the Court Per Curiam 1 https://www.bop.gov/inmateloc/ (searched Feb. 25, 2020). 2
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