United States v. Adrian Weems, No. 23-1245 (8th Cir. 2023)
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Defendant pleaded guilty to conspiracy to distribute methamphetamine in violation of 21 U.S.C. Sections 841(a)(1), 841(b)(1)(A), and 846. He was sentenced to 120 months’ imprisonment followed by five years of supervised release. One special condition of supervised release required him to participate in a sex offender treatment program. At sentencing, the district court1 overruled Defendant’s objection to this special condition because the government advised that he “had just been released from prison in 2014 for violating the terms of his Sex Offender Registry.” Defendant appealed.
The Eighth Circuit affirmed and dismissed the appeal as moot. The court explained that the issue in the first revocation proceeding – Defendant’s refusal to attend sex offender treatment -- is behavior “capable of repetition” while “evading review.” Therefore, when the appeal in No. 23-1245 was filed, the court delayed ruling on the mootness issue, anticipating Defendant might challenge reimposition of this special condition in the second revocation sentence. But, the court wrote, he failed to do so. Additionally, neither brief in No. 23-1245 challenges the special conditions of supervised release reimposed in the second revocation sentence, including the sex offender treatment condition. The condition challenged in No. 22- 2610 was reimposed in the second revocation sentence and not challenged in the appeal of that sentence. Therefore, the court dismissed the appeal in No. 22-2610 as moot.
Court Description: [Loken, Author, with Smith, Chief Judge, and Wollman, Circuit Judge] Criminal case - Sentencing. Appeal No. 22-2160 is moot and is dismissed; with respect to Appeal No. 23-1245, the sentence imposed upon the second revocation of defendant's supervised release was not substantively unreasonable; claim of ineffective assistance of counsel would not be considered on direct appeal; United States v. Haymond, 130 S. Ct. 2369 (2019) is inapplicable to this appeal.
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