910 F.3d 604
1st Cir.2018Background
- In Jan. 2017 Coast Guard intercepted a vessel carrying 30 undocumented migrants; Isidro Suarez-Reyes admitted he was a Dominican citizen without entry documents and was detained.
- A federal grand jury indicted Suarez under 8 U.S.C. § 1326 for unlawful reentry after removal following an aggravated felony conviction; he pled guilty.
- The district court sentenced Suarez to 21 months imprisonment plus three years supervised release.
- Suarez timely appealed only the length of his custodial sentence; appointed counsel obtained multiple briefing extensions and did not seek expedition.
- Suarez completed his custodial term (and began supervised release) while the appeal was pending; the government thereafter argued the appeal was moot and Suarez did not oppose that contention.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal challenging the custodial sentence is moot after appellant completed the prison term | Suarez contended his sentence was unlawfully long and sought relief on that ground | Government argued the custodial sentence was fully served, so no effective relief could be granted and the appeal is moot | Appeal dismissed as moot because vacating the served custodial sentence would provide no effectual relief |
Key Cases Cited
- Fiscichelli v. City Known as Town of Methuen, 884 F.2d 17 (1st Cir. 1989) (quotation about timing of appeals)
- Oakville Dev. Corp. v. FDIC, 986 F.2d 611 (1st Cir. 1993) (no justiciable case remains when court cannot give effectual relief)
- CMM Cable Rep., Inc. v. Ocean Coast Props., Inc., 48 F.3d 618 (1st Cir. 1995) (appeal live when taken can become moot by subsequent developments)
- SEC v. Tambone, 597 F.3d 436 (1st Cir. 2010) (silence can be significant in appellate procedure)
- Spencer v. Kemna, 523 U.S. 1 (U.S. 1998) (challenge to sentence becomes moot once incarceration ends absent continuing injury)
- United States v. Johnson, 529 U.S. 53 (U.S. 2000) (equitable relief may be appropriate where imprisonment affects supervised release)
- United States v. Carter, 860 F.3d 39 (1st Cir. 2017) (discussing relation between custody duration and supervised release relief)
- United States v. Mazzillo, 373 F.3d 181 (1st Cir. 2004) (appeal from revocation moot when prison term served)