United States v. Harris, 2012 U.S. App. LEXIS 3946

Harris pled guilty to conspiracy to distribute 100 kilograms or more of marijuana, discharging a firearm in furtherance of a drug trafficking crime, and conspiracy to commit money laundering.
The district court sentenced Harris to 220 months, after a stipulation reduced the total offense level from 29 to 27, yielding a total range of 220–245 months.
Probation recommended an advisory guideline range of 121–151 months on the conspiracy offenses, with a mandatory 120-month firearm sentence running consecutively, producing an initial total range of 241–271 months.
Harris sought a 22-month downward adjustment under USSG § 5G1.3(b) for time served on a related state offense; he was on parole at federal sentencing and the court credited the time served.
Harris appealed asserting disparity, misapplication of § 5G1.3(b), and a substantively unreasonable sentence; the government moved to dismiss on mootness and the court allowed appeal on § 5G1.3(b).
The court ultimately held the appeal moot because Harris’s state sentence was discharged, leaving no undischarged term and no available relief related to concurrency.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the appeal is moot.	Harris argues § 5G1.3(b) silence warrants concurrency.	Government contends no relief possible since state term discharged.	Moot; no effective relief available.
Whether § 5G1.3(b) was misapplied to run concurrently with the undischarged state sentence.	Harris contends a concurrent designation was required to credit time served.	Government argues issue moot due to discharge; merits unnecessary.	Not decideable on the merits; moot.

Calderon v. Moore, 518 U.S. 149 (1996) (mootness doctrine; no relief available when no live controversy)