United States v. Washington

Case: 20-50324 Document: 00515946418 Page: 1 Date Filed: 07/21/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED July 21, 2021 No. 20-50324 Lyle W. Cayce Summary Calendar Clerk United States of America, Plaintiff—Appellee, versus Paul Lawrence Washington, Defendant—Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 6:06-CR-209-1 Before Jolly, Willett, and Engelhardt, Circuit Judges. Per Curiam:* Paul Lawrence Washington appeals the district court’s order denying his motion for a sentence reduction under § 404 of the First Step Act of 2018. The Federal Public Defender (FPD) appointed to represent Washington on appeal has moved for leave to withdraw and has filed a brief in accordance * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-50324 Document: 00515946418 Page: 2 Date Filed: 07/21/2021 No. 20-50324 with Anders v. California, 386 U.S. 738 (1967). Since those filings, Washington has died. In light of Washington’s death, the FPD moves to dismiss the appeal as moot and to remand the case, with instructions for the district court to vacate its order and dismiss as moot Washington’s motion to reduce his sentence. The Government agrees that such action is appropriate. IT IS ORDERED that the FPD’s motion for dismissal and remand is GRANTED. The appeal is DISMISSED as moot, the FPD’s motion to withdraw is DENIED as unnecessary, and the case is REMANDED with direction to vacate the April 13, 2020 order denying a sentence reduction and to dismiss as moot Washington’s August 8, 2019 motion to reduce his sentence under § 404 of the First Step Act of 2018. 2