USA v. Helmer Roberto Jaramillo, Jr.

[DO NOT PUBLILSH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-13457
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HELMER ROBERTO JARAMILLO, JR.,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 8:18-cr-00226-WFJ-TGW-1
____________________
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2 Opinion of the Court 22-13457
Before N EWSOM, G RANT, and A NDERSON , Circuit Judges.
PER CURIAM:
Helmer Jaramillo, Jr. appeals his 24-month imprisonment
sentence imposed upon revocation of his supervised release, chal-
lenging the procedural and substantive reasonableness of his sen-
tence. However, Jaramillo was released from custody on January
18, 2024, and is not presently serving an additional term of super-
vised release. Therefore, because Jaramillo’s federal sentence has
been discharged and no continuing collateral consequences of his
sentence can be demonstrated, his appeal no longer presents a live
controversy that would “likely . . . be redressed by a favorable judi-
cial decision.” Spencer v. Kemna, 523 U.S. 1, 7-16 (1998) (quotation
marks omitted) (holding that a court will not presume collateral
consequences exist where a judgment revokes parole and noting
that assertions that a parole violation could be used in determining
future eligibility for parole or could be used to increase future crim-
inal sentences were not sufficient showings to overcome moot-
ness); United States v. Juvenile Male, 564 U.S. 932, 936-39 (2011) (hold-
ing that the Ninth Circuit lacked jurisdiction to consider the case
on the merits where, at the time of its decision, the defendant’s ju-
venile suspension had expired, he was no longer required to regis-
ter as a sex offender, and no other mootness exception applied).
Accordingly, this appeal is DISMISSED, sua sponte, as moot.
No petition for rehearing may be filed unless it complies with the
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22-13457 Order of the Court 3
timing and other requirements of 11th Cir. R. 40-3 and all other
applicable rules.
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