Legal Opinion
Burkey v. Marberry
Court of Appeals for the Third Circuit
Decided February 18, 2009No. 07-4782PublishedCited by 321 opinions
1Opinion of the Court
OPINION OF THE COURT
RENDELL, Circuit Judge.
The question presented by this appeal is whether appellant John Burkey’s release from Bureau of Prisons (“BOP”) custody caused his pending habeas corpus petition — which challenged the BOP’s failure to grant him early release — to be moot because it no longer presented a case or controversy under Article III, § 2, of the Constitution. We agree with the District Court that Burkey’s petition is moot because his assertion of “collateral consequences” is insufficient. We will therefore affirm.
BACKGROUND
In 1996, Burkey was serving a sentence for federal…
2Cases cited24 opinions
- Allen v. WrightSupreme Court of the United States · 1984
- Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
- Sibron v. New YorkSupreme Court of the United States · 1968
- Rumsfeld v. PadillaSupreme Court of the United States · 2004
- Flast v. CohenSupreme Court of the United States · 1968
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3Cited by321 opinions
- Charles Bruce v. Warden Lewisburg USPCourt of Appeals for the Third Circuit · 2017
- Travis Denny v. Paul SchultzCourt of Appeals for the Third Circuit · 2013
- United States v. Ricardo EppsCourt of Appeals for the D.C. Circuit · 2013
- Mario Abreu v. Superintendent Smithfield SCICourt of Appeals for the Third Circuit · 2020
- Townes v. JarvisCourt of Appeals for the Fourth Circuit · 2009
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