United States v. Washington

FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT November 3, 2016
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Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 16-4001
(D.C. No. 1:02-CR-00034-DB-1)
DARRELL EUGENE WASHINGTON, (D. Utah)

Defendant - Appellant.
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ORDER
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Before MATHESON, McKAY, and O’BRIEN, Circuit Judges.
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Darrell Eugene Washington appeals the district court’s denial of his motion for

a sentence reduction under 18 U.S.C. § 3582(c)(2) and Amendment 782 to the

U.S. Sentencing Guidelines. But while this appeal was pending, the district court

vacated Mr. Washington’s sentence under 28 U.S.C. § 2255, rendering this appeal

moot. See United States v. Moore, 83 F.3d 1231, 1235 (10th Cir. 1996) (when a

sentence is vacated under § 2255, “the original sentence . . . is eviscerated”). We

therefore grant Mr. Washington’s motion to dismiss.

We grant Mr. Washington’s motion to proceed on appeal without prepayment

of costs or fees. The relevant statute, 28 U.S.C. §1915(a)(1), does not permit litigants to

avoid payment of filing and docketing fees, only prepayment of those fees. Although we
have dismissed this appeal, Mr. Washington remains obligated to pay all filing and

docketing fees. He is directed to pay the fees in full to the clerk of the district court.

Entered for the Court

Monroe G. McKay
Circuit Judge