UNITED STATES v. ALONE (2021)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America Plaintiff-Appellee v. Todd Stands ALONE, formerly known as Todd Brave Crow Defendant-Appellant

No. 20-2822

Decided: July 20, 2021

Before GRUENDER, BENTON, and STRAS, Circuit Judges.

Meghan N. Dilges, Assistant U.S. Attorney, U.S. Attorney's Office, District of South Dakota, Pierre, SD, for Plaintiff-Appellee. Thomas J. Cogley, Cogley Law Office, Aberdeen, SD, for Defendant-Appellant. Todd Stands Alone, Florence, CO, Pro Se.

[Unpublished]

After Todd Stands Alone violated the conditions of supervised release, the district court ¹ sentenced him to 14 months in prison. On appeal, he challenges the length of the sentence.

As Stands Alone acknowledges, his recent release from prison moots the appeal. See Owen v. United States, 930 F.3d 989, 990 (8th Cir. 2019) (holding that release will moot an appeal when the appellant “challenge[s] only his term of imprisonment”). No remedy is available to shorten a term of imprisonment that he has already served, and no one has identified any collateral consequences. See id.; see also United States v. Dunlap, 719 F.3d 865, 866–68 (8th Cir. 2013) (per curiam) (dismissing an appeal as moot under similar circumstances). We accordingly dismiss the appeal.

FOOTNOTES

1. The Honorable Charles B. Kornmann, United States District Judge for the District of South Dakota.

PER CURIAM.

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