Jermel Pope v. Jeffrey Krueger

Filing

ORDER: Footnote 1 at page 5 of the original opinion is STRICKEN and replaced with the following revised footnote 1: The Government s reliance on Spencer v. Kemna s mootness standard is misplaced. See 523 U.S. 1, 7 (1998). While Pope is no longer incarcerated, he continues to serve his sentence on supervised release another form of custody. Trotter, 270 F.3d at 1152. Thus, Spencer, a case in which the petitioner s sentence had already expired, does not apply. See Spencer, 523 U.S. at 7. The statute referred to on line 2 of the CONCLUSION at page 13 of the original opinion is revised from 3538(e) to 3583(e). Finally, the Respondent s Petition for Panel Rehearing is DENIED. [6941662-1] [6941662] [16-4217]

Case: 16-4217

Document: 68

Filed: 07/30/2018

Pages: 2

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
July 30, 2018
Before
DIANE P. WOOD, Chief Judge
KENNETH F. RIPPLE, Circuit Judge
MICHAEL S. KANNE, Circuit Judge
No. 16-4217
JERMEL POPE,
Petitioner-Appellant,

Appeal from the United States District
Court for the Central District of
Illinois.

v.
No. 14-cv-01393
JANET PERDUE
Respondent-Appellee.

Sara Darrow,
Judge.
ORDER

It is ORDERED that footnote 1 at page 5 of the original opinion is STRICKEN and
replaced with the following revised footnote 1:
The Government’s reliance on Spencer v. Kemna’s mootness standard is
misplaced. See 523 U.S. 1, 7 (1998). While Pope is no longer incarcerated,
he continues to serve his sentence on supervised release – another form of
custody. Trotter, 270 F.3d at 1152. Thus, Spencer, a case in which the
petitioner’s sentence had already expired, does not apply. See Spencer, 523
U.S. at 7.

Case: 16-4217
No. 16-4217

Document: 68

Filed: 07/30/2018

Pages: 2
Page 2

It is further ORDERED that the statute referred to on line 2 of the CONCLUSION
at page 13 of the original opinion is revised from § 3538(e) to § 3583(e).
Finally, it is ORDERED that the Respondent’s Petition for Panel Rehearing is
DENIED.