Bozzuto v. United States
- Andrew Carter
- 1:16-cv-07149
- U.S. District Court · Southern District of New York
- 2
In Bozzuto v. United States, Judge Carter dismissed Mr. Bozzuto’s case as moot after his release from prison.
Mr. Bozzuto and the United States; the case was dismissed and closed because the court found the claim moot.
What happened
Bozzuto v. United States concerned Mr. Bozzuto’s challenge to a criminal sentence or related matter, although the opinion does not describe the underlying claim in detail.
The court had ordered the parties to explain why the case should not be dismissed as moot because Mr. Bozzuto was released from prison on October 19, 2018. The United States agreed that the claim was moot, and Mr. Bozzuto did not respond.
The court concluded that the claim was moot because Mr. Bozzuto had been released and any early end to supervised release was too uncertain. Judge Andrew Carter dismissed the matter, directed the Clerk of Court to close the case, and ordered the United States to serve the order on Mr. Bozzuto.
The detailed version
- Bozzuto v. United States · No. 1:16-cv-07149
- Andrew Carter
- Oct. 13, 2020
Background
On August 19, 2020, the court issued an order requiring Mr. Bozzuto to explain why the matter should not be dismissed as moot. The court cited his release from prison on October 19, 2018. The opinion does not explain the specific claim Mr. Bozzuto brought or the relief he originally sought.
The United States served the order on Mr. Bozzuto by mail and email. In its response, the United States took the position that the claim was moot. Mr. Bozzuto did not respond to the court’s order.
Ruling
The court concluded that Mr. Bozzuto’s claim was moot. It reasoned that his release from prison, combined with the remote and speculative possibility that his supervised release might end early, meant there was no longer a live controversy for the court to decide. The court cited Second Circuit decisions addressing moot challenges to criminal sentences after release.
The court therefore dismissed the matter and directed the Clerk of Court to close the case. It also ordered the United States to serve the order on Mr. Bozzuto and file proof of service by October 27, 2020.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.