USCA4 Appeal: 23-6270 Doc: 5 Filed: 12/28/2023 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6270

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

RAYMOND A. HIBBERT, a/k/a Diamonds, a/k/a Steven Fallon, a/k/a Marcus A. Wheeler, a/k/a Andre Ray Davis,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Elizabeth W. Hanes, District Judge. (2:13-cr-00124-EWH-DEM-1)

Submitted: October 4, 2023 Decided: December 28, 2023

Before WILKINSON and HEYTENS, Circuit Judges, and FLOYD, Senior Circuit Judge.

Vacated and remanded by unpublished per curiam opinion.

Raymond A. Hibbert, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6270 Doc: 5 Filed: 12/28/2023 Pg: 2 of 3

PER CURIAM:

Raymond Hibbert appeals the district court’s order dismissing his

(c)(1)(A) motions for compassionate release and a reduction in his sentence as moot

due to his release to home confinement by the Bureau of Prisons. We vacate the district

court’s order and remand for further proceedings.

“If a change in the law or facts makes it impossible for a court to grant effective

relief to a prevailing party, the case is moot and must be dismissed.” Johnson v. Charlotte-

Mecklenburg Schs. Bd. of Educ.,

(4th Cir. 2021) (internal quotation

marks omitted). “A claim may be mooted when the claimant receives the relief he or she

sought to obtain through the claim.” Williams v. Ozmint,

(4th Cir. 2013)

(internal quotation marks omitted). However, “[a] case becomes moot only when it is

impossible for a court to grant any effectual relief whatever to the prevailing party.” MOAC

Mall Holdings LLC v. Transform Holdco LLC,

(2023) (internal

quotation marks omitted).

Pursuant to Section 3582(c)(1)(A), the district court has discretion to reduce

Hibbert’s sentence—even to time served—and to order Hibbert’s immediate release. In

his motions, Hibbert requested “immediate release” and a sentence reduction to time

served. Because it is possible for the district court to grant Hibbert effectual relief under

(c)(1)(A)(i) by reducing his prison sentence or releasing him from the

2 USCA4 Appeal: 23-6270 Doc: 5 Filed: 12/28/2023 Pg: 3 of 3

custody of the Bureau of Prisons, his motions for a sentence reduction and compassionate

release were not rendered moot by his release to home confinement. ∗

Accordingly, we vacate the district court’s order and remand for further

proceedings. We express no opinion on the merits of Hibbert’s motions. We dispense with

oral argument because the facts and legal contentions are adequately presented in the

materials before this court and argument would not aid the decisional process.

VACATED AND REMANDED

∗ “An inmate in home confinement remains in the custody of the Bureau” of Prisons. United States v. Saunders,

(7th Cir. 2021). The Bureau of Prisons’ website confirms that Hibbert is still in custody; his projected release date is July 21, 2027. 3