Filed: Apr. 10, 2018
Latest Update: Apr. 10, 2018
Summary: ORDER DENYING AS MOOT MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. 2255 ROGER T. BENITEZ , District Judge . On August 13, 2015, Movant Violena Felix-Leon was convicted and sentenced to 57 months in custody for violating 21 U.S.C. 952, 960. Movant pleaded guilty pursuant to a plea agreement wherein she waived her right to collaterally attack her conviction and sentence. Notwithstanding her waiver, On August 30, 2016, Movant proceeding pro se filed a Motion to Vacate, S
Summary: ORDER DENYING AS MOOT MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. 2255 ROGER T. BENITEZ , District Judge . On August 13, 2015, Movant Violena Felix-Leon was convicted and sentenced to 57 months in custody for violating 21 U.S.C. 952, 960. Movant pleaded guilty pursuant to a plea agreement wherein she waived her right to collaterally attack her conviction and sentence. Notwithstanding her waiver, On August 30, 2016, Movant proceeding pro se filed a Motion to Vacate, Se..
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ORDER DENYING AS MOOT MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. § 2255
ROGER T. BENITEZ, District Judge.
On August 13, 2015, Movant Violena Felix-Leon was convicted and sentenced to 57 months in custody for violating 21 U.S.C. §952, 960. Movant pleaded guilty pursuant to a plea agreement wherein she waived her right to collaterally attack her conviction and sentence. Notwithstanding her waiver, On August 30, 2016, Movant proceeding pro se filed a Motion to Vacate, Set Aside, or Correct her Sentence pursuant to 28 U.S.C. § 2255. (Docket No. 31.)1 In short, Movant's motion asks the Court to vacate her sentence, grant her a minor role reduction, and re-sentence her accordingly; she did not challenge her conviction. Respondent, the United States ("the government"), filed a response, opposing the motion.
The Court takes judicial notice that on March 15, 2017, while Movant's motion was pending, she was released from the Bureau of Prisons' ("BOP's") custody. See Federal Bureau of Prisons Website, Inmate Locater Detail for Violena Felix-Leon, Register No. 48732-298, 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 BOP's "Inmate Locator" website, which showed petitioner's release from BOP's custody).
As a result, Movant's motion is 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 motion is denied.
IT IS SO ORDERED.
