United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-3655 ___________________________

United States of America

Plaintiff - Appellee

v.

Derek Michael Caquelin

Defendant - Appellant ____________

Appeal from United States District Court for the Western District of Arkansas ____________

Submitted: November 15, 2021 Filed: April 6, 2022 [Unpublished] ____________

Before COLLOTON, GRASZ, and KOBES, Circuit Judges. ____________

PER CURIAM.

Derek Caquelin pled guilty to one count of possession of less than 50 kilograms of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(D). The district court 1 varied upward five months from the United States

1 The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas. Sentencing Guidelines range when sentencing Caquelin to 12 months of imprisonment followed by two years of supervised release. Caquelin appeals his sentence, arguing the district court imposed a substantively unreasonable sentence. We conclude the appeal is moot. Caquelin was released from prison while this appeal was pending and his appeal challenged only the length of his now-completed prison term, so no additional relief may be granted. See Owen v. United States, 930 F.3d 989, 990 (8th Cir. 2019) (holding since the defendant “has been released from prison, the court cannot grant any effectual remedy” in response to his sentencing challenge). If Caquelin were to prevail on the merits of his appeal, the district court would not have discretion to impose a shorter term of supervised release. See 21 U.S.C. § 841(b)(1)(D) (requiring minimum of two years supervised release). In any event, Caquelin did not dispute any aspect of his supervised release term. See Owen, 930 F.3d at 990−91 (noting “an unexpired, unchallenged term of supervised release does not sustain an actual controversy”).

For these reasons, Caquelin’s appeal is dismissed as moot. ______________________________

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