[Unpublished]
In a motion to vacate his sentence under 28 U.S.C. § 2255, David Giese argued that counsel was ineffective for failing to seek a downward departure at sentencing for aberrant behavior. See U.S.S.G. § 5K2.20. After denying relief, the district court
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granted a certificate of appealability.
We conclude that this case is now moot because Giese has been released from prison. A ruling here would not affect the supervised-release term he is currently serving, nor are there any collateral consequences from leaving the district courts order in place. See U.S.S.G. § 5D1.2(a) & cmt. n.4 (recommending supervised-release terms based on statutory factors and the crimes classification, rather than offense-level and criminal-history calculations under the Sentencing Guidelines); see also Owen v. United States, 930 F.3d 989, 990 (8th Cir. 2019) (holding that release will moot a § 2255 motion when the petitioner “challenge[s] only his term of imprisonment” and not “the term of supervised release”). And, of course, no remedy is available to shorten a term of imprisonment that Giese has already served. See Owen, 930 F.3d at 990. We accordingly dismiss the appeal. FOOTNOTES
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. The Honorable Karen E. Schreier, United States District Judge for the District of South Dakota.
PER CURIAM.