U.S. v. Stevenson, 95-377. (2018)
Court: District Court, E.D. Louisiana
Number: infdco20180601d29
Visitors: 2
Filed: May 31, 2018
Latest Update: May 31, 2018
Summary: ORDER AND REASONS MARY ANN VIAL LEMMON , District Judge . IT IS HEREBY ORDERED that Herman H. Stevenson, III's Motion to Invoke This Honorable District Court Supervisory Power to Dismiss (Doc. #742) is DENIED. The United States Court of Appeals for the Fifth Circuit has held that a post-conviction motion to dismiss the indictment is construed as a motion made under 28 U.S.C. 2255. United States v. Lawson, 83 Fed. Appx. 619 (5th Cir. 2003). Stevenson was released from prison on Octob
Summary: ORDER AND REASONS MARY ANN VIAL LEMMON , District Judge . IT IS HEREBY ORDERED that Herman H. Stevenson, III's Motion to Invoke This Honorable District Court Supervisory Power to Dismiss (Doc. #742) is DENIED. The United States Court of Appeals for the Fifth Circuit has held that a post-conviction motion to dismiss the indictment is construed as a motion made under 28 U.S.C. 2255. United States v. Lawson, 83 Fed. Appx. 619 (5th Cir. 2003). Stevenson was released from prison on Octobe..
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ORDER AND REASONS
MARY ANN VIAL LEMMON, District Judge.
IT IS HEREBY ORDERED that Herman H. Stevenson, III's Motion to Invoke This Honorable District Court Supervisory Power to Dismiss (Doc. #742) is DENIED.
The United States Court of Appeals for the Fifth Circuit has held that a post-conviction motion to dismiss the indictment is construed as a motion made under 28 U.S.C. § 2255. United States v. Lawson, 83 Fed. Appx. 619 (5th Cir. 2003). Stevenson was released from prison on October 30, 2015. In Zalawadia v. Ashcroft, 371 F.3d 292, 297 (5th Cir. 2004), the United States Court of Appeals for the Fifth Circuit explained that "for a court to exercise habeas jurisdiction over a petitioner no longer in custody, the petitioner must demonstrate that he was in custody at the time he filed the petition and that his subsequent release has not rendered the petition moot[.]" The motion was filed on February 16, 2018, more than two years after Stevenson was released. Therefore, this court cannot exercise jurisdiction over the motion, and it is DENIED.
Source: Leagle
