Banner v. USA

Filing 13

ORDER dismissing as moot 4 MOTION for Reconsideration re 3 Clerk's Judgment, 2 Order on Motion to Vacate/Set Aside/Correct Sentence (2255), filed by Ronnie Edward Banner, Jr. Signed by District Judge Richard Voorhees on 8/2/2016. (cbb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:12-cv-00069-RLV
(5:00-cr-00047-RLV-8)
RONNIE EDWARD BANNER, JR.,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

)
)
)
)
)
)
)
)
)
)

ORDER

THIS MATTER is before the Court on consideration of Petitioner’s pro se motion for
reconsideration of the Order dismissing his § 2255 motion to vacate as untimely. In his § 2255
motion, Petitioner challenged the legality of his sentence citing the Fourth Circuit’s en banc
opinion in United States v. Simmons, 649 F.3d 237 (4th Cir. 2011). According to the Federal
Bureau of Prisons, Petitioner was released from custody on January 16, 2016; therefore the
motion for reconsideration will be dismissed as moot.
IT IS, THEREFORE, ORDERED that Petitioner’s motion for reconsideration is
DISMISSED AS MOOT. (Doc. No. 4).
Signed: August 2, 2016