UNITED STATES v. CHANDLER (2021)

United States Court of Appeals, Second Circuit.

UNITED STATES of America, Appellee, v. Yvan CHANDLER, aka Sealed Defendant #6, Defendant-Appellant.

Nos. 20-2166-cr(L), 15 20-3585-cr (CON), 20-3585-cr

Decided: May 11, 2021

PRESENT: PIERRE N. LEVAL, RAYMOND J. LOHIER, JR., Circuit Judges, GARY S. KATZMANN, Judge. *

FOR DEFENDANT-APPELLANT: James W. Hyde, IV, Law Office of James W. Hyde, IV, Wells, NY FOR APPELLEE: Rajit S. Dosanjh, Geoffrey J.L. Brown, Assistant United States Attorneys, for Antoinette T. Bacon, Acting United States Attorney for the Northern District of New York, Syracuse, NY

SUMMARY ORDER

Yvan Chandler appeals from an order of the District Court (Suddaby, C.J.), denying his motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A) and for appointed counsel. While this appeal was pending, however, Chandler, a citizen of Canada, was released from prison and returned to Canada. Because the only relief Chandler asked for on appeal is early release from prison due to his health, his appeal is moot. See United States v. Chestnut, 989 F.3d 222, 224–25 (2d Cir. 2021) (holding that a prisoner's appeal of the denial of a motion under 18 U.S.C. § 3582(c)(1)(A) is moot upon the prisoner's release when the prisoner requests release from prison solely based on health risks posed by COVID-19).

For the reasons set forth above, Chandler's appeal of the District Court's order is DISMISSED as moot.

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