Appellate Case: 24-3037 Document: 33-1 Date Filed: 12/16/2024 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT December 16, 2024 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 24-3037 (D.C. No. 5:00-CR-40104-TC-2) CLYDE APPERSON, (D. Kan.)

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT* _________________________________

Before HARTZ, PHILLIPS, and FEDERICO, Circuit Judges. _________________________________

Clyde Apperson appeals the district court’s denial of his motion for

compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). The relief requested in the

motion was “[a] reduction of sentence to time served, with imposition of the original

conditions of supervised release.” Aplt. App. Vol. 1 at 96; see Aplt. Br. at 46 (using

the same language to describe the relief sought); Aplt. Reply Br. at 14 (same).

On December 12, 2024, President Joseph R. Biden Jr. commuted a number of

federal sentences, including Mr. Apperson’s sentence, with the following language:

I HEREBY COMMUTE the total sentence of confinement that each of the following named persons is now serving, to expire on December 22, 2024, leaving intact and in effect for each named person the term of

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Appellate Case: 24-3037 Document: 33-1 Date Filed: 12/16/2024 Page: 2

supervised release imposed by the court with all of its conditions and all other components of each respective sentence. Nothing in this grant of clemency should be presumed to interfere with, or supersede, the Bureau of Prisons’ authority to oversee each person’s confinement, pursuant to the terms set forth in this grant of clemency. Each person shall remain subject to all ordinary disciplinary rules.

Pres. Joseph R. Biden Jr., Executive Grant of Clemency (Dec. 12, 2024). Because

Mr. Apperson has been granted all the relief he requested, his appeal is now moot.

Accordingly, we DISMISS this appeal as moot and REMAND with directions for

the district court to dismiss this case without prejudice.

Entered for the Court

Harris L Hartz Circuit Judge,

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