UNITED STATES v. DERROW (2021)

United States Court of Appeals, Fifth Circuit.2021-01-15No. No. 19-40963

Summary · law.co

Holding. The court dismissed the appeal as moot and denied Derrow's motions for appointed counsel and permission to proceed in forma pauperis as unnecessary.

Michael Derrow, a federal prisoner, appealed the district court's denial of his motions to reduce his sentences for crack cocaine possession and conspiracy charges under the First Step Act. Derrow had originally been sentenced to 480 months in prison but was released on July 13, 2020, following approval of a compassionate release motion. The district court subsequently amended his judgment to reflect time served and imposed 17 years of supervised release instead.

The appellate court found the appeal moot because Derrow had already been released from prison and had not challenged his supervised release term. Since Derrow could no longer receive meaningful relief regarding his prison sentence through a favorable ruling, the court determined there was no justiciable controversy remaining. Although the First Step Act allows modification of supervised release terms, Derrow did not pursue that remedy.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Mootness doctrine when prisoner released before appeal resolution
First Step Act sentence reduction eligibility following compassionate release
Justiciability of challenges to prison sentences after release

Procedural posture

This is an appeal from district court orders denying motions for sentence reduction under the First Step Act, brought by an inmate who was released from prison pending the appeal.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

Michael Joseph Derrow, federal prisoner # 03199-286, moves for appointment of counsel and leave to proceed in forma pauperis (IFP) in this appeal from the district courts orders denying his motions seeking a reduction in his sentences of imprisonment for possession with the intent to distribute 50 grams or more of crack cocaine, 21 U.S.C. § 841(a)(1), and conspiracy to do the same, 21 U.S.C. §§ 841(a)(1) and 846, pursuant to section 404 of the First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194 (2018), and 18 U.S.C. § 3582(c)(1)(B). The district court originally sentenced Derrow to concurrent terms of 480 months in prison, but recently amended the judgment to sentence Derrow to time served in prison and a total of 17 years of supervised release.

The website of the Bureau of Prisons shows that Derrow was released from prison on July 13, 2020, following the district courts grant of Derrows motion for compassionate release. Because Derrow has been released from prison and has not challenged his term of supervised release at any point, there is no relief which this court could grant should Derrow prevail. See United States v. Heredia-Holguin, 823 F.3d 337, 340 (5th Cir. 2016) (en banc). Therefore, although the First Step Act permits the modification of a term of supervised release, see United States v. Batiste, 980 F.3d 466, 479 (5th Cir. 2020), Derrows appeal of the denial of a reduction to his prison sentences is moot. See Heredia-Holguin, 823 F.3d at 340; United States v. Booker, 645 F.3d 328, 328 (5th Cir. 2011).

Derrows motions for appointment of counsel and to proceed IFP are DENIED as unnecessary and the appeal is DISMISSED as moot.

FOOTNOTES

FOOTNOTE

Per Curiam:*

FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.