United States of America v. Juan Rosales

United States Court of Appeals
For the Eighth Circuit
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No. 24-2422
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United States of America
Plaintiff - Appellee
v.
Juan Rosales
Defendant - Appellant
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Appeal from United States District Court
for the District of South Dakota - Western
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Submitted: March 17, 2025
Filed: May 22, 2025
[Unpublished]
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Before GRUENDER, BENTON, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Juan Rosales pled guilty to being a felon in possession of a firearm in violation
of 18 U.S.C. §§ 922(g)(1), 922(g)(3), and 924(a)(2). The district court sentenced
him to time served (almost one year) and three years of supervised release. After
release, his supervision was revoked three separate times. The third time, the district

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court1 sentenced him to six months in prison and 24 months of supervised release.
He appeals. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.
Rosales was released from prison on December 2, 2024. His challenge to the
term of imprisonment is moot. See James v. Outlaw, 142 Fed. Appx. 274, 275 (8th
Cir. 2005). His challenge to his term of supervision is not. This court reviews for
abuse of discretion. United States v. Growden, 663 F.3d 982, 984 (8th Cir. 2011).
The court properly considered the 18 U.S.C. § 3553(a) factors, emphasizing his
continued supervised release violations, most recently methamphetamine use and
refusal to participate in behavioral therapy for substance abuse. The sentence,
including the term of supervision, was below the 36-month statutory limit. The
district court did not abuse its discretion. See United States v. Koch, 332 Fed. Appx.
339, 340 (8th Cir. 2009) (holding no abuse of discretion where the district court
properly considered the § 3553(a) factors and the term of supervised release was
within the statutory limits).
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The judgment is affirmed.
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1 The Honorable Linda R. Reade, United States District Judge for the District
of South Dakota.

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