Filed: Sep. 12, 2018
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-1876 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Bennie Manuel lllllllllllllllllllllDefendant - Appellant _ Appeal from United States District Court for the Eastern District of Arkansas - Western Division _ Submitted: September 6, 2018 Filed: September 12, 2018 [Unpublished] _ Before WOLLMAN, GRUENDER, and GRASZ, Circuit Judges. _ PER CURIAM. Bennie Manuel initiated this appeal after the district court1 re
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-1876 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Bennie Manuel lllllllllllllllllllllDefendant - Appellant _ Appeal from United States District Court for the Eastern District of Arkansas - Western Division _ Submitted: September 6, 2018 Filed: September 12, 2018 [Unpublished] _ Before WOLLMAN, GRUENDER, and GRASZ, Circuit Judges. _ PER CURIAM. Bennie Manuel initiated this appeal after the district court1 rev..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 18-1876
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Bennie Manuel
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Eastern District of Arkansas - Western Division
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Submitted: September 6, 2018
Filed: September 12, 2018
[Unpublished]
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Before WOLLMAN, GRUENDER, and GRASZ, Circuit Judges.
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PER CURIAM.
Bennie Manuel initiated this appeal after the district court1 revoked a sentence
of probation he was serving and sentenced him to a prison term of time served and
1
The Honorable J. Leon Holmes, United States District Judge for the Eastern
District of Arkansas.
supervised release for one year. His counsel has moved for leave to withdraw and has
filed a brief arguing that the probation-revocation sentence is unreasonable and that
the court plainly erred by imposing a special condition for Manuel’s one year of
supervised release. Since the filing of this appeal, however, the district court has
revoked Manuel’s supervised-release term for violating conditions other than the one
being challenged and has imposed a nine-month prison term with no additional
supervised release. That supervised-release-revocation sentence is not on appeal.
We decline to address the challenged supervised-release condition, as it has
become moot. Cf. United States v. Wynn,
553 F.3d 1114, 1119 (8th Cir. 2009)
(applying mootness to certain conditions of probation where probation had been
revoked).
Addressing the reasonableness issue, which arguably is not moot, we conclude
that the district court did not impose a substantively or procedurally unreasonable
sentence. See United States v. Keatings,
787 F.3d 1197, 1202 (8th Cir. 2015)
(reviewing substantive reasonableness of probation-revocation sentence under
deferential abuse-of-discretion standard and reviewing unpreserved procedural
objection for plain error); see also 18 U.S.C. §§ 4 (setting forth maximum prison
term), 3583(b)(3) (setting forth maximum supervised-release term).
Accordingly, we affirm, and we grant counsel’s motion to withdraw.
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