Doherty Kushimo v., No. 22-2740 (3d Cir. 2023)

Annotate this Case

Download PDF

HLD-002 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 22-2740 ___________ IN RE: DOHERTY KUSHIMO, Petitioner ____________________________________ On a Petition for Writ of Mandamus from the United States District Court for the Western District of Pennsylvania (Related to W.D. Pa. Crim. No. 1-14-cr-00012-001) District Judge: Honorable David S. Cercone ____________________________________ Submitted Pursuant to Rule 21, Fed. R. App. P. November 3, 2022 Before: CHAGARES, Chief Judge, HARDIMAN, and PHIPPS, Circuit Judges (Opinion filed January 19, 2023) _________ OPINION* _________ PER CURIAM Doherty Kushimo, proceeding pro se, has filed a petition for a writ of mandamus compelling the United States District Court for the Western District of Pennsylvania to adjudicate his motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A). * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. On December 30, 2022, the District Court denied Kushimo’s motion. In light of the District Court’s action, Kushimo’s mandamus petition no longer presents a live controversy. Accordingly, we will dismiss the petition as moot. See Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690, 698–99 (3d Cir. 1996) (“If developments occur during the course of adjudication that eliminate a plaintiff’s personal stake in the outcome of a suit or prevent a court from being able to grant the requested relief, the case must be dismissed as moot.”). 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.