Eric Irvan v. United States of America

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 24-1402
___________________________
Eric Irvan
lllllllllllllllllllllPetitioner - Appellant
v.
United States of America
lllllllllllllllllllllRespondent - Appellee
____________
Appeal from United States District Court
for the Western District of Arkansas - Harrison
____________
Submitted: December 18, 2024
Filed: December 23, 2024
[Unpublished]
____________
Before GRUENDER, BENTON, and KOBES, Circuit Judges.
____________
PER CURIAM.

-- 1 of 2 --

Eric Irvan appeals the district court’s1 judgment dismissing his 28 U.S.C.
§ 2255 motion on mootness grounds following his release from prison. After
dismissing the motion, the district court granted a certificate of appealability related
to the impact of Irvan’s registration as a sex offender on the mootness of his case.
Upon careful review, we conclude that Irvan’s claim related to his prison term
was mooted by his release from prison during the pendency of his §2255 case. See
Minn. Humane Soc’y v. Clark, 184 F.3d 795, 797 (8th Cir. 1999) (holding that a
mootness dismissal is reviewed de novo); see also Owen v. United States, 930 F.3d
989, 989-90 (8th Cir. 2019) (concluding that a § 2255 appeal was rendered moot by
a movant’s release from prison where the motion challenged the length of the prison
term). To the extent Irvan raised a claim related to his conviction in his §2255
motion, we conclude that claim was exceedingly speculative and meritless. See
Williams v. United States, 343 F.3d 927, 928 (8th Cir. 2003) (per curiam) (noting that
an appellate court may affirm the denial of a § 2255 motion on any basis supported
by the record); see also Mauer v. Minnesota, 625 F.3d 489, 493-94 (8th Cir. 2010)
(explaining that speculation will not satisfy a habeas petitioner’s burden).
Accordingly, we affirm.
______________________________
1The Honorable P.K. Holmes, III, then United States District Judge for the
Western District of Arkansas, took inactive status on October 1, 2024; adopting the
report and recommendations of the Honorable Mark E. Ford, United States Magistrate
Judge for the Western District of Arkansas.
-2-

-- 2 of 2 --