U.S. v. SURRATT

No. 14-6851.

855 F.3d 218 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Raymond Roger SURRATT, Jr., Defendant-Appellant. Steven Harris Goldblatt, Court-Assigned Amicus Counsel, National Association of Criminal Defense Lawyers; Douglas A. Berman, Professor, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 21, 2017.


Attorney(s) appearing for the Case

ARGUED: Ann Loraine Hester , FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina, for Appellant. Michael R. Dreeben , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. Steven Harris Goldblatt , GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., as Court-Assigned Amicus Counsel. Erika L. Maley , SIDLEY AUSTIN LLP, Washington, D.C., for Amici Curiae. ON BRIEF: Ross Hall Richardson , Executive Director, Charlotte, North Carolina, Joshua B. Carpenter , FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Asheville, North Carolina, for Appellant. Scott A.C. Meisler , Assistant to the Solicitor General, Nina Goodman , Lena Hughes , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Anne M. Tompkins , United States Attorney, Jill Westmoreland Rose , United States Attorney, Charlotte, North Carolina, Amy E. Ray , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee. Ruthanne M. Deutsch , Shon Hopwood , Supervising Attorneys, Utsav Gupta , William Hornbeck , Meredith Wood , Ryan W. Cooke , Courtney A. Elgart , Elizabeth Sebesky , Student Counsel, Appellate Litigation Program, GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Court-Assigned Amicus Counsel. Douglas A. Berman , Professor of Law, THE OHIO STATE UNIVERSITY, Columbus, Ohio; Jeffrey T. Green , Kimberly A. Leaman , SIDLEY AUSTIN LLP, Washington, D.C., for Amici Curiae.

Dismissed as moot by published order. Judge Wilkinson and Judge Motz wrote separate opinions concurring in the decision to dismiss the appeal as moot. Judge Wynn wrote a separate opinion dissenting from the decision to dismiss the appeal as moot.


ORDER

By order dated February 14, 2017, the court directed the parties to address the impact of the President's commutation of Appellant Surratt's sentence and, in particular, the questions of mootness and jurisdiction. Upon consideration of the responses to the court's order, the court finds this appeal to be moot.

The appeal is, accordingly, dismissed as moot.

Entered at the direction of Chief Judge Gregory for the Court.

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