Legal Opinion

Rhodes v. Judiscak

Court of Appeals for the Tenth Circuit

Decided January 23, 2012No. 10-2268PublishedCited by 55 opinions

1Opinion of the Court

LUCERO, Circuit Judge.

David Thomas Rhodes appeals the district court’s order dismissing his 28 U.S.C. § 2241 petition as moot. Rhodes’ petition challenges only the length of his prison sentence. But he concedes he is no longer in prison. Although he remains subject to a long term of supervised release, this court cannot issue a judgment on his § 2241 petition that will shorten his supervised release term. Exercising jurisdiction under 28 U.S.C. § 1291, and reviewing de novo, see Faustin v. City & County of Denver, 268 F.3d 942, 947 (10th Cir.2001), we affirm.

I

Rhodes was convicted on…

2Cases cited13 opinions

  1. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  2. Spencer v. KemnaSupreme Court of the United States · 1998
  3. Carafas v. LaValleeSupreme Court of the United States · 1968
  4. United States v. JohnsonSupreme Court of the United States · 2000
  5. Iron Arrow Honor Society v. HecklerSupreme Court of the United States · 1983

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3Cited by55 opinions

  1. Ind v. Colorado Department of CorrectionsCourt of Appeals for the Tenth Circuit · 2015
  2. Herndon v. UptonCourt of Appeals for the Fifth Circuit · 2021
  3. Ghailani v. SessionsCourt of Appeals for the Tenth Circuit · 2017
  4. United States v. MillerCourt of Appeals for the Tenth Circuit · 2018
  5. United States v. SalazarCourt of Appeals for the Tenth Circuit · 2021

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