Rhodes v. Judiscak, No. 10-2268 (10th Cir. 2011)
Annotate this CasePetitioner David Rhodes appealed a district court's order that dismissed his petition for post-conviction relief. Petitioner was originally convicted in 1993 on drug-related charges and sentenced to twenty years' imprisonment with ten years' supervised release. Petitioner's petition challenged only the length of his prison sentence. Discovering that he was no longer in prison, the district court ordered him to show cause why his petition should not have been dismissed as moot. While Petitioner conceded that he was no longer in prison, he claimed he could still challenge his sentence. He argued that had his sentence been shorter, he would have started his supervised release earlier and would not then "suffer from collateral consequences from conviction adequate to meet Article III's injury in fact requirement." The court dismissed the petition as moot. Though he remains subject to a long term of supervised release, the Tenth Circuit concluded that it could not issue a judgment to shorten Petitioner's supervised release term and affirmed the district court's dismissal.
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