Darrell Smith v. B. Eischen

Opinion

United States Court of Appeals For the Eighth Circuit

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No. 24-3575

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Darrell Smith

lllllllllllllllllllllPetitioner - Appellant

v.

B. Eischen, Warden

lllllllllllllllllllllRespondent - Appellee

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Appeal from United States District Court for the District of Minnesota

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Submitted: August 7, 2025 Filed: August 12, 2025

[Unpublished]

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Before ERICKSON, STRAS, and KOBES, Circuit Judges.

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PER CURIAM.

Darrell Smith appeals following the district court’s without-prejudice dismissal of his 28 U.S.C. § 2241 petition. In his petition, Smith challenged the manner in which the Bureau of Prisons (BOP) was calculating and applying his First Step Act time credits toward his pre-release placement in a residential re-entry center (RRC); however, the record demonstrates that Smith has been recommended for RRC

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placement based on the BOP’s current calculation and application of his time credits. We therefore conclude that his habeas claims are moot, notwithstanding a delay in his RRC placement as a result of the unavailability of bed space, see Miller v. Whitehead, 527 F.3d 752, 756 (8th Cir. 2008) (claim mooted when relief sought was granted); Calderon v. Moore, 518 U.S. 149, 150 (8th Cir. 1996) (per curiam) (federal courts may not give opinions upon moot questions or abstract propositions), and we decline to address the issue Smith seeks to raise for the first time on appeal.

Smith’s motion to supplement his filings is granted, and the appeal is dismissed.

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