Monday, August 08, 2011

2241 Challenge Rejected as Moot

Rhodes v. Judiscak, 2011 WL 3134731 (7/27/11) (N.M.) (Published) - The prisoner's § 2241 challenge to BOP's calculation of his sentence was moot because he was now on supervised release. That a successful challenge might bolster an eventual request for shortening his supervised release under § 3583(e)(1) was not enough to avoid mootness because the d. ct. had no power to shorten supervised release now through § 2241. The d. ct. would only be giving an advisory opinion.