United States v. Eugene Saunders, No. 21-2291 (8th Cir. 2022)

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Justia Opinion Summary

Defendant was convicted of conspiracy to distribute cocaine base in 1997 and sentenced to 240 months imprisonment followed by 10
years’ supervised release, which, at the time, were minimum terms. The Eighth Circuit affirmed the conviction and sentence in 1998. After being released, Defendant violated the terms of his supervised release and was sentenced to 37 months imprisonment.

In Many 2020, Defendant sought relief under the First Step Act. The government conceded First Step Act eligibility but opposed a reduction,
arguing Defendant did not merit discretionary relief. The district court agreed Defendant was eligible but denied a First Step Act reduction. Defendant appealed. However, during the pendency of the appeal, Defendant was released from custody. Thus, the Eighth Circuit concluded that the matter was moot.

Court Description: [Per Curiam - Before Loken, Arnold, and Kobes, Circuit Judges] Criminal case - Sentencing. Because defendant has been released from custody, his challenge to the custodial revocation sentence is moot; since the sentence expressly provided there would be no further term of supervised release, the sentence does not pose the possibility of collateral consequences that would avoid mootness.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 21-2291 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Eugene C. Saunders lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Joplin ____________ Submitted: April 12, 2022 Filed: August 26, 2022 [Published] ____________ Before LOKEN, ARNOLD, and KOBES, Circuit Judges. ____________ PER CURIAM. Eugene C. Saunders was convicted of conspiracy to distribute cocaine base (crack cocaine) in 1997 and sentenced to 240 months’ imprisonment followed by 10 years’ supervised release, then-mandatory minimum terms. See 21 U.S.C. §§ 841(a), (b)(1)(A), and 846. Saunders appealed the conviction; we affirmed. United States v. Saunders, 163 F.3d 604 (8th Cir. 1998) (unpublished). Released from prison in June 2016, Saunders repeatedly violated his supervised release conditions by testing positive for heroin, failing urine screens for marijuana, and officers finding suspected heroin, other opioids, and loaded firearms at a home Saunders used as a storage facility. In November 2019, District Judge M. Douglas Harpool revoked Saunders’ supervised release and sentenced him to 37 months’ imprisonment with no additional term of supervised release to follow. In May 2020, Saunders moved to reduce his 37-month sentence; an amended motion argued he is eligible for a sentence reduction under Section 404 of the First Step Act. First Step Act of 2018, Pub. L. No. 115-391, § 404, 132 Stat. 5194, 5222 (2018). The government conceded First Step Act eligibility but opposed a reduction, arguing Saunders did not merit discretionary relief. The district court1 agreed Saunders was eligible but denied a First Step Act reduction. Saunders appeals, arguing the district court abused its discretion by misunderstanding the scope of its First Step Act discretion. See United States v. Robinson, 9 F.4th 954, 956 (8th Cir. 2021) (standard of review). “The broad discretion that the First Step Act affords to district courts . . . counsels in favor of deferential appellate review.” Concepcion v. United States, 597 U.S. ----, 142 S. Ct. 2389, 2404 (2022). Saunders was released from custody during the pendency of this appeal. http://bop.gov/inmateloc (last visited Aug. 22, 2022). Because Saunders has been released from custody, his challenge to the custodial revocation sentence is now moot. See Owen v. United States, 930 F.3d 989, 989-90 (8th Cir. 2019); accord United States v. Deering, 835 F. App’x 166 (8th Cir. 2021). The revocation sentence expressly provided that Saunders has no further term of supervised release to serve. Therefore, future supervised release does not pose the possibility of collateral consequences that would avoid mootness. See United States v. Rhone, 647 F.3d 777, 1 The Honorable Brian C. Wimes, United States District Judge for the Western District of Missouri. -2- 779 n.2 (8th Cir. 2011); see generally Spencer v. Kemna, 523 U.S. 1, 14-18 (1998). Saunders has the “burden of identifying some ongoing collateral consequence that is . . . likely to be redressed by a favorable judicial decision.” United States v. Juvenile Male, 564 U.S. 932, 936 (2011) (quotation omitted). He has not asserted collateral consequences, and none are apparent. Accordingly, we dismiss the appeal as moot. ______________________________ -3-
Primary Holding

The Eighth Circuit dismissed Defendant's appeal of his sentence under the First Step Act, finding that because he had been released from custody since the appeal was filed, the matter was moot.


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