Jermel Pope v. Jeffrey Krueger

Jermel Pope v. Jeffrey Krueger

Petitioner - Appellant:	JERMEL POPE
Respondent - Appellee:	JEFFREY KRUEGER, Warden
Case Number:	16-4217
Filed:	December 22, 2016
Court:	U.S. Court of Appeals, Seventh Circuit
Nature of Suit:	Habeas Corpus

Opinions

We have the following opinions for this case:

Date Filed	Description
May 3, 2018	Pope v. Perdue
July 30, 2018	Jermel Pope v. Janet Perdue

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Available Case Documents

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Date Filed	Document Text
July 30, 2018	Filing 703259356 ORDER: Footnote 1 at page 5 of the original opinion is STRICKEN and replaced with the following revised footnote 1: The Government s reliance on Spencer v. Kemna s mootness standard is misplaced. See 523 U.S. 1, 7 (1998). While Pope is no longer incarcerated, he continues to serve his sentence on supervised release another form of custody. Trotter, 270 F.3d at 1152. Thus, Spencer, a case in which the petitioner s sentence had already expired, does not apply. See Spencer, 523 U.S. at 7. The statute referred to on line 2 of the CONCLUSION at page 13 of the original opinion is revised from 3538(e) to 3583(e). Finally, the Respondent s Petition for Panel Rehearing is DENIED. [6941662-1] [6941662] [16-4217]
May 3, 2018	Filing 703211276 Filed opinion of the court by Judge Kanne. We DENY the Government's motion to dismiss Pope's case as moot, and VACATE and REMAND the district court's denial of Pope's habeas corpus petition. On remand, the district court shall transfer Pope's case to the sentencing court for further proceedings. IT IS FURTHER ORDERED that the BOP shall revise the date of the commencement of Pope's federal sentece to August 31, 2009, and reconsider Pope's request for retroactive designation in line with the Supreme Court's decision in Setser. Diane P. Wood, Chief Judge; Kenneth F. Ripple, Circuit Judge and Michael S. Kanne, Circuit Judge. [6922381-1] [6922381] [16-4217]

Date Filed

Document Text

July 30, 2018

Filing 703259356 ORDER: Footnote 1 at page 5 of the original opinion is STRICKEN and replaced with the following revised footnote 1: The Government s reliance on Spencer v. Kemna s mootness standard is misplaced. See 523 U.S. 1, 7 (1998). While Pope is no longer incarcerated, he continues to serve his sentence on supervised release another form of custody. Trotter, 270 F.3d at 1152. Thus, Spencer, a case in which the petitioner s sentence had already expired, does not apply. See Spencer, 523 U.S. at 7. The statute referred to on line 2 of the CONCLUSION at page 13 of the original opinion is revised from 3538(e) to 3583(e). Finally, the Respondent s Petition for Panel Rehearing is DENIED. [6941662-1] [6941662] [16-4217]

May 3, 2018

Filing 703211276 Filed opinion of the court by Judge Kanne. We DENY the Government's motion to dismiss Pope's case as moot, and VACATE and REMAND the district court's denial of Pope's habeas corpus petition. On remand, the district court shall transfer Pope's case to the sentencing court for further proceedings. IT IS FURTHER ORDERED that the BOP shall revise the date of the commencement of Pope's federal sentece to August 31, 2009, and reconsider Pope's request for retroactive designation in line with the Supreme Court's decision in Setser. Diane P. Wood, Chief Judge; Kenneth F. Ripple, Circuit Judge and Michael S. Kanne, Circuit Judge. [6922381-1] [6922381] [16-4217]

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Petitioner - appellant: JERMEL POPE
Represented By:	Jermel Pope
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Respondent - appellee: JEFFREY KRUEGER, Warden
Represented By:	Greggory R. Walters
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