Background
William Henry Thatch, Jr., proceeding pro se, appealed a district court order denying his motion under Section eighteen U.S.C. Section three thousand five hundred eighty-two subsection C paragraph two for a sentence reduction. The appeal was previously placed in abeyance pending a decision in United States v. Davis.
The court’s reasoning
The court determined that the appeal was moot because Thatch received an executive grant of clemency and was released from imprisonment. The court relied on its prior holding in United States v. Davis, which established that the statute authorizes a court only to reduce the term of imprisonment, meaning release from custody eliminates the live controversy.
authorizes a court only to reduce the term of imprisonment
United States v. Davis, __ F.4th __, No. 24-6432, 2026 WL 1552611 at *1
What it means going forward
The dismissal confirms that a defendant’s release from custody before a ruling on a sentence reduction motion renders the appeal moot, preventing the appellate court from reviewing the denial of the motion.