Lambert v. U.S., 1:12CR167-SA. (2018)
Court: District Court, N.D. Mississippi
Number: infdco20180301n15
Visitors: 14
Filed: Feb. 28, 2018
Latest Update: Feb. 28, 2018
Summary: ORDER DISMISSING REMAINING CLAIM IN 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 Marty Lambert to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. On February 7, 2018, the court issued a memorandum opinion and judgment dismissing all grounds for relief in the 2255 motion, except Mr. Lambert's claim that he instructed his attorney to file a notice of
Summary: ORDER DISMISSING REMAINING CLAIM IN 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 Marty Lambert to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. On February 7, 2018, the court issued a memorandum opinion and judgment dismissing all grounds for relief in the 2255 motion, except Mr. Lambert's claim that he instructed his attorney to file a notice of ..
More
ORDER DISMISSING REMAINING CLAIM IN 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 Marty Lambert to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. On February 7, 2018, the court issued a memorandum opinion and judgment dismissing all grounds for relief in the § 2255 motion, except Mr. Lambert's claim that he instructed his attorney to file a notice of appeal, but counsel failed to do so. The relief Mr. Lambert sought in the instant motion is a lesser term of incarceration. According to the United States Bureau of Prisons website, Mr. Lambert 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 remaining ground for relief in the instant Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. § 2255 is DISMISSED as moot.
SO ORDERED.
Source: Leagle
