United States v. Todd Stands Alone

• Court: Court of Appeals for the Eighth Circuit
• Decided: July 20, 2021
• Docket: 20-2822
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-2822 ___________________________

United States of America

Plaintiff - Appellee

v.

Todd Stands Alone, formerly known as Todd Brave Crow

Defendant - Appellant ____________

Appeal from United States District Court for the District of South Dakota - Northern ____________

Submitted: June 18, 2021 Filed: July 20, 2021 [Unpublished] ____________

Before GRUENDER, BENTON, and STRAS, Circuit Judges. ____________

PER CURIAM.

After Todd Stands Alone violated the conditions of supervised release, the district court 1 sentenced him to 14 months in prison. On appeal, he challenges the length of the sentence.

1 The Honorable Charles B. Kornmann, United States District Judge for the District of South Dakota. As Stands Alone acknowledges, his recent release from prison moots the appeal. See Owen v. United States, 930 F.3d 989, 990 (8th Cir. 2019) (holding that release will moot an appeal when the appellant “challenge[s] only his term of imprisonment”). No remedy is available to shorten a term of imprisonment that he has already served, and no one has identified any collateral consequences. See id.; see also United States v. Dunlap, 719 F.3d 865, 866–68 (8th Cir. 2013) (per curiam) (dismissing an appeal as moot under similar circumstances). We accordingly dismiss the appeal. ______________________________

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