United States v. Key, No. 08-3218-cr (2d Cir. April 28, 2010) (Miner, Cabranes, Wesley, CJJ) (per curiam)
This interesting per curiam holds that a defendant’s appeal of the denial of his crack resentencing motion under 18 U.S.C. § 3582(c)(2) was rendered moot by his release from prison.
Although Key was still on supervised release, the court found that the possibility that the district court would reduce or terminate his supervised release term – assuming that it could – was “remote and speculative.” The district court’s findings in denying the § 3582(c)(2) motion caused the circuit to “strongly doubt” that the court would exercise its discretion in that way.
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