United States v. Reynel Rodriguez Hernandez ( 2021 )


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  •          USCA11 Case: 20-13118      Date Filed: 04/28/2021   Page: 1 of 2
    [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT
    ________________________
    No. 20-13118
    Non-Argument Calendar
    ________________________
    D.C. Docket No. 1:17-cr-20322-UU-3
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    REYNEL RODRIGUEZ HERNANDEZ,
    Defendant-Appellant.
    ________________________
    Appeal from the United States District Court
    for the Southern District of Florida
    ________________________
    (April 29, 2021)
    Before MARTIN, BRANCH and MARCUS, Circuit Judges.
    PER CURIAM:
    Reynel Rodriguez Hernandez appeals the district court’s denial of his motion
    for compassionate release under 
    18 U.S.C. § 3582
    (c)(1)(A), as amended by the First
    USCA11 Case: 20-13118       Date Filed: 04/28/2021      Page: 2 of 2
    Step Act of 2018, Pub. L. No. 115-391, § 603, 
    132 Stat. 5194
    , 5238-39 (2018) (“First
    Step Act”). He argues on appeal that the district court erred in denying his motion
    because it failed to consider additional factors that could constitute “extraordinary
    and compelling” reasons for his release, aside from those specified in U.S.S.G. §
    1B1.13. However, Hernandez was sentenced to 48 months’ imprisonment in 2017
    and was released on March 18, 2021 to begin his supervised release term. After
    careful review, we dismiss the appeal for lack of jurisdiction.
    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 Hernandez’s appeal for lack of
    jurisdiction. Hernandez has been released from the term of imprisonment from
    which he sought compassionate release, which 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.
    2
    

Document Info

Docket Number: 20-13118

Filed Date: 4/29/2021

Precedential Status: Non-Precedential

Modified Date: 4/29/2021