United States v. Sunny Robinson

Case: 17-20653 Document: 00514618754 Page: 1 Date Filed: 08/28/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

No. 17-20653 FILED Summary Calendar August 28, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA,

Plaintiff-Appellee v.

SUNNY ROBINSON,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:09-CR-422-1

Before BENAVIDES, HIGGINSON, and ENGELHARDT, Circuit Judges. PER CURIAM: * Sunny Robinson, federal prisoner # 43681-279, was convicted by a jury of conspiracy to commit health care fraud, aiding and abetting health care fraud, conspiracy to violate the Anti-Kickback Statute, and paying kickbacks in violation of the Anti-Kickback Statute. Robinson was sentenced to 97 months of imprisonment and to concurrent three-year terms of supervised release. He appeals the denial of his pro se motion for reduction of sentence

• • Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

Case: 17-20653 Document: 00514618754 Page: 2 Date Filed: 08/28/2018

No. 17-20653

under 18 U.S.C. § 3582(c)(2), based on Amendment 792 to the Sentencing Guidelines, which amended, inter alia, the definition of “intended loss” under U.S.S.G. § 2B1.1. The district court correctly noted that Amendment 792 was not among the amendments listed in U.S.S.G. § 1B1.10(d), and therefore concluded that a sentence reduction was not authorized under § 3582(c)(2). See Dillon v. United States, 560 U.S. 817, 825-26 (2010). However, according to the Bureau of Prisons website, Robinson was released from imprisonment on April 27, 2018. “Where a defendant has begun serving a term of supervised release, the appeal of the denial of his § 3582(c)(2) motion is moot.” United States v. Booker, 645 F.3d 328, 328 (5th Cir. 2011). Accordingly, the appeal is DISMISSED AS MOOT.