United States v. Ralph Ross

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-2678 ___________________________

United States of America

Plaintiff - Appellee

v.

Ralph A. Ross, also known as R.A.

Defendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Arkansas - Central ____________

Submitted: April 11, 2023 Filed: May 1, 2023 [Unpublished] ____________

Before LOKEN, SHEPHERD, and KELLY, Circuit Judges. ____________

PER CURIAM.

Ralph Ross pleaded guilty to one count of misprision of a felony and was sentenced to 36 months’ imprisonment. Ross appealed, arguing the district court relied on disputed allegations from the Presentence Investigation Report when imposing the sentence. We agreed and remanded for a resentencing to “be conducted on the existing record.” United States v. Ross, No. 21-2299, 2022 WL 1013983, at *1 (8th Cir. Apr. 5, 2022). On remand, the district court again imposed a 36-month sentence.

Ross again appeals, seeking a second remand. He argues that the district court1 impermissibly relied on factors outside the scope of the first remand when it imposed a sentence above the calculated advisory Guidelines range of 24–30 months. However, while Ross’s appeal was pending, he was released from custody. Ross raises no challenge on appeal other than to the length of his custodial sentence, and he asserts no possible collateral consequences. As a result, this court can grant Ross no effective relief, and his challenge to the length of his sentence is moot. See United States v. Aden, 830 F.3d 812, 816–17 (8th Cir. 2016); Owen v. United States, 930 F.3d 989, 990–91 (8th Cir. 2019).

Ross’s appeal is dismissed as moot. ______________________________

1 The Honorable Brian S. Miller, United States District Judge for the Eastern District of Arkansas. -2-