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United States v. Bewley

filed*fn*: March 1, 1994.

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
RICHARD W. BEWLEY, JR., DEFENDANT-APPELLANT.



Appeal from the United States District Court for the Southern District of California. D.C. No. CV-92-01905-GT, CR-91-0737-01-GT. Gordon Thompson, Jr., District Judge, Presiding

Before: Schroeder, Canby, and Wiggins, Circuit Judges.

MEMORANDUM

Richard W. Bewley, Jr., a former federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. We dismiss this appeal as moot.

In October 1991, Bewley pleaded guilty to conspiracy to possess cocaine with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) & 846. In April 1992, the district court sentenced him to twenty-one months of imprisonment, to be followed by five years of supervised release. In his section 2255 motion, Bewley alleged that various errors had occurred at his sentencing hearing and requested that he be resentenced to a lesser term of imprisonment.

Bewley served his prison term and was released from federal custody on January 7, 1994. Because Bewley did not challenge his conviction but rather challenged only his 21-month prison term, the completion of that term renders his appeal moot. See Lane v. Williams, 455 U.S. 624, 631-33, 71 L. Ed. 2d 508, 102 S. Ct. 1322 (1982) (challenge to sentence is moot once the sentence has been served); Aaron v. Pepperas, 790 F.2d 1360, 1362 (9th Cir. 1986) (same).*fn1 Accordingly, we lack jurisdiction over this appeal. See Sample v. Johnson, 771 F.2d 1335, 1338 (9th Cir. 1985) ("federal courts lack jurisdiction to decide moot cases"), cert. denied, 475 U.S. 1019, 89 L. Ed. 2d 319, 106 S. Ct. 1206 (1986).

DISMISSED.

Disposition

DISMISSE ...


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