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

_________________________________ 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

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