Anguiano v. United States

Background

Rolando Anguiano filed a petition under 28 U.S.C. § 2255, a procedure allowing a federal prisoner to challenge a sentence. He sought to vacate, set aside, or correct a 46-month prison sentence and three-year term of supervised release imposed on January 7, 2016. Anguiano argued that allegedly harsh conditions before sentencing warranted a lower sentence and that his counsel was ineffective for failing to request that relief before and during sentencing.

The court ordered the United States to respond. The United States opposed the petition and argued that the court should deny it without an evidentiary hearing.

Mootness and custody

The court noted that Anguiano was released from prison on February 16, 2018. His three-year term of supervised release therefore ended on February 16, 2021. A person generally must be in custody for a federal court to review a Section 2255 petition. Supervised release can qualify as custody, but once that term ended, the court concluded that it could no longer provide the relief Anguiano sought.

The court determined that the petition was initially within its jurisdiction because Anguiano was imprisoned when he filed it. But mootness—the loss of a live dispute because the court can no longer grant effective relief—must be considered throughout the proceeding. Because Anguiano had completed both imprisonment and supervised release, the court found that his claims were moot.

Disposition

Judge Nelson S. Roman DENIED Anguiano’s Section 2255 Petition as MOOT. The clerk was directed to terminate the motion at ECF No. 34 in the criminal case, enter judgment, close the civil case, and mail a copy of the order to Anguiano at the address listed in the civil case.