UNITED STATES OF AMERICA v. SHELTON DEMOND KETTER
US Court of Appeals for the Fourth Circuit, Motz, November 8, 2018,
Mootness – An appeal is not moot if it could alter the length or conditions of the supervised release portion of a sentence (even if the imprisonment has concluded)

Re-Sentencing – A sentence of time-served constitutes a variance if the amount of time served exceeds the guideline recommendation

From the Case: The record, however, conclusively demonstrates that any error was harmless. This is so because, although the court did not explain its variance, it expressly recognized that Ketter had “overserved his time.” And in light of that “overserved” time, the court significantly reduced the period of Ketter’s supervised release from five years to two years — one year below Ketter’s new statutory maximum, 18 U.S.C. § 3583(b)(2), and within the range counseled by the Guidelines