United States v. Christopher Shawn Warnock ( 2021 )


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  •        USCA11 Case: 20-13396    Date Filed: 06/29/2021   Page: 1 of 3
    [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT
    ________________________
    No. 20-13396
    Non-Argument Calendar
    ________________________
    D.C. Docket No. 3:14-cr-00228-BJD-JRK-1
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    CHRISTOPHER SHAWN WARNOCK,
    Defendant-Appellant.
    ________________________
    Appeal from the United States District Court
    for the Middle District of Florida
    ________________________
    (June 29, 2021)
    Before MARTIN, ROSENBAUM, and ANDERSON, Circuit Judges.
    PER CURIAM:
    USCA11 Case: 20-13396           Date Filed: 06/29/2021      Page: 2 of 3
    Christopher Warnock, proceeding pro se, appeals the district court’s denial
    of his motion for compassionate release, pursuant to 
    18 U.S.C. § 3582
    (c)(1)(A), as
    amended by § 603(b) of the First Step Act of 2018.1 He argues that the district
    court abused its discretion in not appointing him counsel because, without counsel,
    he was unable to obtain his medical records and show extraordinary and
    compelling circumstances warranting release.
    We review de novo jurisdictional issues, which we must raise sua sponte.
    United States v. Lopez, 
    562 F.3d 1309
    , 1311 (11th Cir. 2009). We retain
    jurisdiction to hear only live cases and controversies under Article III of the U.S.
    Constitution. United States v. Al-Arian, 
    514 F.3d 1184
    , 1189 (11th Cir. 2008). A
    dispute is moot, and ceases to be a case or controversy, when we can no longer
    provide meaningful relief to the claimant. 
    Id.
     Completion of a prison term moots
    a challenge to the term of confinement. United States v. Farmer, 
    923 F.2d 1557
    ,
    1568 (11th Cir. 1991).
    In this appeal, we are compelled to dismiss Warnock’s appeal for lack of
    jurisdiction. Warnock has been released from the term of imprisonment from
    which he sought compassionate release,2 a fact that has now been confirmed by the
    1
    Pub. L. No. 115-391, 
    132 Stat. 5194
    , 5239 (Dec. 21, 2018) (“First Step Act”).
    2
    According to the Bureau of Prisons Inmate Locator page, Warnock was released on
    May 7, 2021. https://www.bop.gov/inmateloc/
    2
    USCA11 Case: 20-13396      Date Filed: 06/29/2021   Page: 3 of 3
    United States. This means that the instant appeal no longer presents a live case and
    controversy over which we retain jurisdiction, and is, therefore, moot. See Al-
    Arian, 
    514 F.3d at 1189
    ; Farmer, 
    923 F.2d at 1568
    . Accordingly, we DISMISS the
    appeal for lack of jurisdiction.
    3
    

Document Info

Docket Number: 20-13396

Filed Date: 6/29/2021

Precedential Status: Non-Precedential

Modified Date: 6/29/2021