Strauther v. U.S., 1:15-cr-00041-SA-DAS. (2018)
Court: District Court, N.D. Mississippi
Number: infdco20180410580
Visitors: 21
Filed: Apr. 03, 2018
Latest Update: Apr. 03, 2018
Summary: ORDER DISMISSING DEFENDANT'S MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE UNDER 28 U.S.C. 2255 SHARION AYCOCK , District Judge . This matter comes before the court on the motion by Termaine Strauther to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. The relief Strauther sought in the instant motion is a lesser term of incarceration. According to the United States Bureau of Prisons website, Mr. Strauther has completed his sentence and has been released from custody. As
Summary: ORDER DISMISSING DEFENDANT'S MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE UNDER 28 U.S.C. 2255 SHARION AYCOCK , District Judge . This matter comes before the court on the motion by Termaine Strauther to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. The relief Strauther sought in the instant motion is a lesser term of incarceration. According to the United States Bureau of Prisons website, Mr. Strauther has completed his sentence and has been released from custody. As s..
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ORDER DISMISSING DEFENDANT'S MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE UNDER 28 U.S.C. 2255
SHARION AYCOCK, District Judge.
This matter comes before the court on the motion by Termaine Strauther to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. The relief Strauther sought in the instant motion is a lesser term of incarceration. According to the United States Bureau of Prisons website, Mr. Strauther has completed his sentence and has been released from custody. As such, his request for habeas corpus relief under 28 U.S.C. 2255 has become moot:
Since respondents elected only to attack their sentences, and since those sentences expired during the course of these proceedings, this case is moot. Nullification of a conviction may have important benefits for a defendant . . . but urging in a habeas corpus proceeding the correction of a sentence already served is another matter. North Carolina v. Rice, 404 U.S. 244, 248, 92 S.Ct. 402, 405, 30 L. Ed. 2d 413.
Lane v. Williams, 455 U.S. 624, 631, 102 S.Ct. 1322, 1327, 71 L. Ed. 2d 508 (1982). As such, the instant Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. 2255 is DISMISSED as moot.
SO ORDERED.
Source: Leagle
