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United States of America v. Kouang Viphongxai
Case Number: 20-2849
Judge: Before GRUENDER, BENTON, and STRAS, Circuit Judges.
Court: United States Court of Appeals
For the Eighth Circuit
St. Louis, MO - Criminal defense lawyer represented defendant with one count of passing counterfeit obligations or securities of the United States charge.
After Kouang Viphongxai pleaded guilty to one count of passing counterfeit
obligations or securities of the United States, see 18 U.S.C. §§ 2, 472, the district
court1 sentenced him to 27 months’ imprisonment and 3 years’ supervised release.
Viphongxai appealed, arguing that the district court committed procedural error in
imposing a five-point offense-level increase under U.S.S.G. § 2B5.1(b)(2)-(3),
which affected the calculation of his advisory sentencing guidelines range.
While this appeal was pending, the Government informed us that on April 5,
2021, Viphongxai was released from the Bureau of Prisons’ custody to begin his
term of supervised release. Because Viphongxai challenged on appeal only his
sentence of imprisonment, we ordered Viphongxai to address whether his appeal
was moot. See Owen v. United States, 930 F.3d 989, 989-91 (8th Cir. 2019)
(dismissing an appeal as moot because the appellant challenged only the length of
his term of imprisonment but completed that term and was released from prison
while the appeal was pending). In response, Viphongxai stated that he “takes no
position on mootness.”
Outcome: “[W]e have no jurisdiction over appeals that are moot.” United States v.
Evans, 690 F.3d 940, 943 (8th Cir. 2012). Because Viphongxai challenged on appeal
only the length of his term of imprisonment, and he has completed that term, we
conclude that this appeal is moot. See Owen, 930 F.3d at 990. Accordingly, we
dismiss this appeal