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Webb v. U.S., 3:16-cv-01542-BEN (2018)

Court: District Court, N.D. California Number: infdco20180411875 Visitors: 7
Filed: Apr. 06, 2018
Latest Update: Apr. 06, 2018
Summary: ORDER (1) DENYING AS MOOT MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. 2255; and (2) DENYING AS MOOT APPLICATION TO FILE A SECOND OR SUCCESSIVE SECTION 2255 MOTION. [Docket Nos. 129, 137] ROGER T. BENITEZ , District Judge . Movant Mike Lee Webb has filed a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255 and an Application for Leave to File a Second or Successive Section 2255 Motion. (Docket Nos. 129, 137.) 1 In short, Movant's motions
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ORDER

(1) DENYING AS MOOT MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. § 2255; and

(2) DENYING AS MOOT APPLICATION TO FILE A SECOND OR SUCCESSIVE SECTION 2255 MOTION.

[Docket Nos. 129, 137]

Movant Mike Lee Webb has filed a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 and an Application for Leave to File a Second or Successive Section 2255 Motion. (Docket Nos. 129, 137.)1 In short, Movant's motions ask the Court to vacate his previous sentence and re-sentence him, but do not challenge his convictions. (See Docket No. 129 ("Because a conviction under § 844(i) is no longer a crime of violence after [Johnson v. United States, 135 S.Ct. 2551 (2015)] and because Mr. Webb has shown that he is otherwise entitled to relief under 28 U.S.C. § 2255, he respectfully requests that this Court grant his motion, vacate the sentence, and re-sentence him."); Docket No. 137 (same).)

The Court takes judicial notice that, on December 11, 2017, while Movant's motions were pending, he was released from the Bureau of Prisons' custody. See Federal Bureau of Prisons Website, Inmate Locater Detail for Michael Lee Webb, Register No. 29149-198, available at https://www.bop.gov/inmateloc/; Qureshi v. Sanders, 563 F.Supp.2d 1154, 1156 n.2 (C.D. Cal. 2008) (taking judicial notice of Bureau of Prisons' ("BOP's) "Inmate Locator" website that showed petitioner's release from BOP's custody).

As a result, Movant's motions are moot. See Aaron v. Pepperas, 790 F.2d 1360, 1361-62 (9th Cir. 1986) (concluding petitioner's habeas petition moot where petitioner has satisfied his sentence and "merely contests the imposition and duration of his sentence"). Therefore, Movant's motions are denied.

IT IS SO ORDERED.

FootNotes


1. All docket citations refer to the criminal case docket, No. 91-cr-00663-BEN-1.
Source:  Leagle

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