US v. Darwyn Payne, No. 21-7039 (4th Cir. 2022)
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Defendant appealed the district court’s order denying his First Step Act motion, which asked the court to reduce his completed sentence of incarceration or retroactively declare that he is a misdemeanant rather than a felon. Insofar as Defendant has moved for a reduction of his already-completed sentence, his request is moot because he has no continuing interest in serving less time on a sentence that he is no longer serving.
The Fourth Circuit remanded the case to the district court with directions that it be dismissed. The court explained that insofar as Defendant has moved for a reduction of his already-completed sentence, his request is moot because he has no continuing interest in serving less time on a sentence that he is no longer serving. Insofar as Defendant has moved for a retroactive reclassification of his offense from a felony to a misdemeanor, the court was powerless to grant relief because no statute authorized such reclassification.
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