Webb v. USA

Filing 2

ORDER Denying as Moot Petition to Vacate under 28 USC 2255. Movant's Motions are Denied as Moot. Signed by Judge Roger T. Benitez on 4/6/2018.(All non-registered users served via U.S. Mail Service)(anh)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MIKE LEE WEBB,

Case No.: 3:16-cv-01542-BEN
3:91-cr-00663-BEN-1

Movant,

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v.

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UNITED STATES OF AMERICA,

ORDER
(1) DENYING AS MOOT MOTION
TO VACATE, SET ASIDE, OR
CORRECT SENTENCE UNDER
28 U.S.C. § 2255; and

Respondent.

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(2) DENYING AS MOOT
APPLICATION TO FILE A SECOND
OR SUCCESSIVE SECTION 2255
MOTION.

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[Docket Nos. 129, 137]

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Movant Mike Lee Webb has filed a Motion to Vacate, Set Aside, or Correct

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Sentence pursuant to 28 U.S.C. § 2255 and an Application for Leave to File a Second or

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Successive Section 2255 Motion. (Docket Nos. 129, 137.)1 In short, Movant’s motions

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All docket citations refer to the criminal case docket, No. 91-cr-00663-BEN-1.
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3:16-cv-01542-BEN
3:91-cr-00663-BEN-1

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ask the Court to vacate his previous sentence and re-sentence him, but do not challenge

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his convictions. (See Docket No. 129 (“Because a conviction under § 844(i) is no longer

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a crime of violence after [Johnson v. United States, 135 S. Ct. 2551 (2015)] and because

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Mr. Webb has shown that he is otherwise entitled to relief under 28 U.S.C. § 2255, he

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respectfully requests that this Court grant his motion, vacate the sentence, and re-sentence

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him.”); Docket No. 137 (same).)

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The Court takes judicial notice that, on December 11, 2017, while Movant’s

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motions were pending, he was released from the Bureau of Prisons’ custody. See Federal

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Bureau of Prisons Website, Inmate Locater Detail for Michael Lee Webb, Register No.

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29149-198, available at https://www.bop.gov/inmateloc/; Qureshi v. Sanders, 563 F.

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Supp. 2d 1154, 1156 n.2 (C.D. Cal. 2008) (taking judicial notice of Bureau of Prisons’

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(“BOP’s) “Inmate Locator” website that showed petitioner’s release from BOP’s

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custody).

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As a result, Movant’s motions are moot. See Aaron v. Pepperas, 790 F.2d 1360,

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1361-62 (9th Cir. 1986) (concluding petitioner’s habeas petition moot where petitioner

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has satisfied his sentence and “merely contests the imposition and duration of his

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sentence”). Therefore, Movant’s motions are denied.

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IT IS SO ORDERED.

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Dated: April 6, 2018

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3:16-cv-01542-BEN
3:91-cr-00663-BEN-1