Filed: Apr. 20, 2016
Latest Update: Apr. 20, 2016
Summary: ORDER DENYING PETITIONER'S MOTION UNDER 28 U.S.C. 2255 TO MODIFY SENTENCE At a session of said Court, held in the U.S. Courthouse, Detroit, Michigan on April 20, 2016 PRESENT: Honorable Gerald E. Rosen United States District Judge. GERALD E. ROSEN , District Judge . On March 8, 2012, Petitioner John Adon Solomon, Jr. was sentenced by this Court to a 27-month term of imprisonment, followed by a three-year term of supervised release. Through the present pro se motion, Petitioner requ
Summary: ORDER DENYING PETITIONER'S MOTION UNDER 28 U.S.C. 2255 TO MODIFY SENTENCE At a session of said Court, held in the U.S. Courthouse, Detroit, Michigan on April 20, 2016 PRESENT: Honorable Gerald E. Rosen United States District Judge. GERALD E. ROSEN , District Judge . On March 8, 2012, Petitioner John Adon Solomon, Jr. was sentenced by this Court to a 27-month term of imprisonment, followed by a three-year term of supervised release. Through the present pro se motion, Petitioner reque..
More
ORDER DENYING PETITIONER'S MOTION UNDER 28 U.S.C. § 2255 TO MODIFY SENTENCE
At a session of said Court, held in the U.S. Courthouse, Detroit, Michigan on April 20, 2016
PRESENT: Honorable Gerald E. Rosen United States District Judge.
GERALD E. ROSEN, District Judge.
On March 8, 2012, Petitioner John Adon Solomon, Jr. was sentenced by this Court to a 27-month term of imprisonment, followed by a three-year term of supervised release. Through the present pro se motion, Petitioner requests that the Court modify his sentence so that he may be placed in a residential re-entry center or in home confinement. Although Petitioner states that this motion is brought under 28 U.S.C. § 2255, he emphasizes that he is not seeking a reduction in his sentence, nor does he claim that his conviction or sentence are unlawful in any respect.
As observed in the Government's response, Petitioner's motion must be denied as moot. By the time the Government responded to Petitioner's motion in accordance with an order of this Court, Petitioner had completed the term of imprisonment imposed in the March 2012 judgment of conviction. Thus, to the extent that Petitioner seeks in the present motion to modify this portion of his sentence, the Court can no longer grant this relief. Likewise, the Court can no longer modify the term of supervised release imposed in the March 2012 judgment of conviction, in light of a subsequent April 24, 2015 judgment in which the Court revoked Petitioner's supervised release and imposed a 24-month term of imprisonment due to Petitioner's violation of several conditions of his supervised release. Accordingly, because each of the elements of relief sought in Petitioner's motion is no longer available, the Court denies this motion as moot.1
For these reasons,
NOW, THEREFORE, IT IS HEREBY ORDERED that Petitioner's February 14, 2013 motion under 28 U.S.C. § 2255 to modify his sentence (docket #22) is DENIED. Next, in the event that Petitioner might elect to appeal from this ruling, the Court finds that a certificate of appealability should be DENIED as to the claims asserted in Petitioner's motion, for lack of a substantial showing of the denial of a constitutional right.
