Unpublished Disposition, 897 F.2d 533 (9th Cir. 1988)Annotate this Case
Jimmy Marine MURPHY, Petitioner-Appellant,v.UNITED STATES of America, Respondent-Appellee.
United States Court of Appeals, Ninth Circuit.
Submitted Feb. 28, 1990.* Decided March 6, 1990.As Amended on Denial of Rehearing April 26, 1990.
Before ALARCON, CYNTHIA HOLCOMB HALL and DAVID R. THOMPSON, Circuit Judges.
Jimmy Marine Murphy, a former federal prisoner, timely appeals the district court's denial of his 28 U.S.C. § 2255 motion to vacate, set aside or correct his sentence.
Murphy complains that he was denied assistance of counsel during a parole proceeding; he also charges that the parole commission impermissibly relied on unsubstantiated allegations of additional criminal conduct in denying parole. Furthermore, Murphy contends that prison and parole authorities obstructed his efforts to resolve state charges pending against him in Arizona while he was still in federal custody.
Murphy concedes that he completed his federal sentence on October 3, 1988. Apparently he is now incarcerated in Arizona, in connection with state fraud charges. Because Murphy attacks only his federal sentence as determined by the Parole Commission, rather than the validity of the underlying federal conviction, the completion of his sentence moots this action. Lane v. Williams, 455 U.S. 624, 631-33 (1982); North Carolina v. Rice, 404 U.S. 244, 248 (1971); Aaron v. Pepperas, 790 F.2d 1360, 1362 (9th Cir. 1986).
The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and Ninth Cir.R. 34-4
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3
Murphy has apparently moved this court to consider evidence not presented to the district court. In view of the disposition here, the motion is denied. See also Karmun v. Commissioner of Internal Revenue, 749 F.2d 567, 570 (9th Cir. 1984) (normally, an appellate court will not supplement the record on appeal with evidence not reviewed by the lower court), cert. denied, 474 U.S. 819 (1985)