Al-Ameen v. FrakesAnnotate this Case
Petitioner was convicted of possession of a deadly weapon by a felon and found to be a habitual criminal. Defendant was sentenced to ten to fifteen years’ imprisonment, with a mandatory minimum of ten years’ imprisonment due to the habitual criminal enhancement. Petitioner was erroneously discharged from the custody of the Nebraska Department of Correctional Services prior to completing his lawful sentence. Petitioner was subsequently taken back into custody. Petitioner filed a petition for a writ of habeas corpus challenging the Department’s continuing exercise of custody. The district court dismissed the habeas petition with prejudice. The Supreme Court dismissed the appeal as moot because Petitioner has since been mandatorily discharged and is no longer in the custody of the Department.