In Re SEALED CASE

809 F.3d 672, 420 U.S. App. D.C. 426, 2016 U.S. App. LEXIS 209, 2016 WL 98153
CourtCourt of Appeals for the D.C. Circuit
DecidedJanuary 8, 2016
Docket14-3058
StatusPublished
Cited by6 cases

This text of 809 F.3d 672 (In Re SEALED CASE) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re SEALED CASE, 809 F.3d 672, 420 U.S. App. D.C. 426, 2016 U.S. App. LEXIS 209, 2016 WL 98153 (D.C. Cir. 2016).

Opinion

Opinion for the Court filed by Senior ' Circuit Judge GINSBURG.

The appellant in this case pleaded guilty to a federal crime. Following his guilty plea, he was sentenced and then resen-tenced on three subsequent occasions. In this appeal, he challenges on both procedural and substantive grounds the last-imposed sentence, pursuant to which the appellant is subject to a term of supervised release ending in January 2016. After rejecting the Government’s argument that the case is moot, we affirm the judgment of the district court.

I. Background

In 2007 the appellant pleaded guilty to one count of conspiracy to participate in a racketeer influenced corrupt organization, in violation of 18 U.S.C. §§ 1962(d), 1963, and was subsequently sentenced to 108 months of incarceration, to be followed by 60 months of supervised release.

After filing an appeal in which he challenged his initial plea agreement on various grounds including ineffective assistance of counsel, the appellant entered into a new sentencing agreement with the Government, pursuant to which the district court sentenced him to a period of incarceration comprising time served plus 30 days, to be followed by 60 months of su *674 pervised release, six of which, at the appellant’s request, were to be spent in a halfway house. While in residence at the halfway house, the appellant repeatedly violated the terms of his supervised release by, among other things, indulging in alcohol and failing to participate in anger-management counseling.

In consequence of his violations, the district court vacated its earlier sentencing decision and imposed a third sentence, this time comprising 20 months of imprisonment to be followed by one year of supervised release. On appeal, this court vacated that sentence, explaining that “it was plain error for the district court to impose a sentence [for violation of the terms of supervised release] in excess of the Guideline range without providing a written statement of reasons.” The district court then re-imposed the sentence of 20 months incarceration to be followed by one year of supervised release, this time supported by a memorandum opinion in which it set forth its reasons for the sentence imposed. Specifically, the district court rehearsed the appellant’s various violations of the terms of his supervised release and noted that “the sentence ... was intended to resolve multiple violations in one fell swoop and to reduce the term of supervision thereafter significantly ... for the purpose of ensuring that [the appellant] obtains anger management counseling upon his re-introduction to the community and to release him from oversight relatively quickly.”

II. Analysis

We address first the Government’s assertion that the appellant’s ease is moot. We then turn to the substance of the appellant’s challenge to his current sentence.

A. Mootness

The appellant has completed his term of incarceration. His term of supervised release is scheduled to end in January 2016, but a district court “may modify, reduce, or enlarge the conditions of supervised release[ ] at any time prior to the expiration or termination of the term of supervised release.” 18 U.S.C. § 3583(e)(2). Although the appellant is still serving his term of supervised release, the Government argues this case is already moot: “Because appellant’s sole substantive challenge is to the length of his incarceration, and because appellant is no longer in prison, this Court can offer appellant no effectual relief.”

We reject the Government’s argument and instead follow the approach set out in our decision in United States v. Epps, 707 F.3d 337 (D.C.Cir.2013). There we held this court had jurisdiction to adjudicate a sentencing challenge brought by an appellant who had completed his prison sentence but not his period of supervised release. Id. at 342. The essence of Epps’s argument, which we accepted, was that “reduction of [his] term of imprisonment would ... enhance his prospect for securing a similar reduction in his term of supervised release.” Id. at 343.

Notwithstanding Epps, the Government asserts the potential relief available to the appellant in this case — “a reduction of the yet-to-be-served ... portion of his 12-month supervised release term” — is “unlikely in the extreme, particularly in light of the district court’s rationale for its sentence, and the fact that the district court has already reduced appellant’s supervised-release term by 80%.” The Government further asserts the possibility of such a reduction is “simply too speculative to give rise to a case or controversy.”

In Epps, however, we pointed out that “because of the relationship between a prison sentence and supervised release ... there seems to be a very substantial likeli *675 hood that a ruling that Epps’ incarceration should have been shorter would influence the district court’s readiness to reduce his term of supervised release.” Id. at 345. The relationship between a prison sentence and supervised release is not exactly the same here because appellant challenges a sentence imposed upon revocation of supervised release rather than his original sentence imposed for the underlying crime. We nonetheless find that the possibility of a reduction of supervised release is not unduly speculative in these circumstances so as to render the case moot.

B. Appellant’s sentencing challenge

The imposition of a sentence may be challenged for procedural error as well as for substantive unreasonableness. Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The appellant challenges his sentence in both respects.

1. Procedural error

If a procedural objection was timely made before the district court, then the resulting sentence is subject to review for abuse of discretion. United States v. Wilson, 605 F.3d 985, 1033-34 (D.C.Cir.2010). If such an objection was not timely made before the district court, then our review is only for plain error. Id at 1034.

The appellant asserts that abuse-of-discretion review is appropriate in this case. The Government counters that any procedural error should be subject to plain error review because the appellant “found no fault” with the district court proceedings while they were ongoing. It is not necessary to resolve which standard is appropriate in this case, however, as the appellant has failed to identify any procedural error that would constitute an abuse of discretion, much less a plain error.

It is a procedural error for a district court to premise a sentence upon a clearly erroneous fact. Gall, 552 U.S. at 51, 128 S.Ct. 586.

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Cite This Page — Counsel Stack

Bluebook (online)
809 F.3d 672, 420 U.S. App. D.C. 426, 2016 U.S. App. LEXIS 209, 2016 WL 98153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sealed-case-cadc-2016.