United States v. Washington ( 2021 )

Case: 20-50324 Document: 00515946418 Page: 1 Date Filed: 07/21/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
July 21, 2021
No. 20-50324 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Paul Lawrence Washington,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:06-CR-209-1
Before Jolly, Willett, and Engelhardt, Circuit Judges.
Per Curiam:*
Paul Lawrence Washington appeals the district court’s order denying
his motion for a sentence reduction under § 404 of the First Step Act of 2018.
The Federal Public Defender (FPD) appointed to represent Washington on
appeal has moved for leave to withdraw and has filed a brief in accordance
*
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opinion should not be published and is not precedent except under the limited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.
Case: 20-50324 Document: 00515946418 Page: 2 Date Filed: 07/21/2021
No. 20-50324
with Anders v. California, 386 U.S. 738 (1967). Since those filings,
Washington has died.
In light of Washington’s death, the FPD moves to dismiss the appeal
as moot and to remand the case, with instructions for the district court to
vacate its order and dismiss as moot Washington’s motion to reduce his
sentence. The Government agrees that such action is appropriate.
IT IS ORDERED that the FPD’s motion for dismissal and remand
is GRANTED. The appeal is DISMISSED as moot, the FPD’s motion to
withdraw is DENIED as unnecessary, and the case is REMANDED with
direction to vacate the April 13, 2020 order denying a sentence reduction and
to dismiss as moot Washington’s August 8, 2019 motion to reduce his
sentence under § 404 of the First Step Act of 2018.
2