United States Court of Appeals For the Eighth Circuit ___________________________

No. 19-3728 ___________________________

David William Giese

Plaintiff - Appellant

v.

United States of America

Respondent - Appellee ____________

Appeal from United States District Court for the District of South Dakota - Sioux Falls ____________

Submitted: November 19, 2020 Filed: July 13, 2021 [Unpublished] ____________

Before SHEPHERD, STRAS, and KOBES, Circuit Judges. ____________

PER CURIAM.

In a motion to vacate his sentence under 28 U.S.C. § 2255, David Giese argued that counsel was ineffective for failing to seek a downward departure at sentencing for aberrant behavior. See U.S.S.G. § 5K2.20. After denying relief, the district court1 granted a certificate of appealability.

We conclude that this case is now moot because Giese has been released from prison. A ruling here would not affect the supervised-release term he is currently serving, nor are there any collateral consequences from leaving the district court’s order in place. See U.S.S.G. § 5D1.2(a) & cmt. n.4 (recommending supervised- release terms based on statutory factors and the crime’s classification, rather than offense-level and criminal-history calculations under the Sentencing Guidelines); see also Owen v. United States, 930 F.3d 989, 990 (8th Cir. 2019) (holding that release will moot a § 2255 motion when the petitioner “challenge[s] only his term of imprisonment” and not “the term of supervised release”). And, of course, no remedy is available to shorten a term of imprisonment that Giese has already served. See Owen, 930 F.3d at 990. We accordingly dismiss the appeal. ______________________________

1 The Honorable Karen E. Schreier, United States District Judge for the District of South Dakota. -2-