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RHODES v. JUDISCAK

No. 10-2268.

653 F.3d 1146 (2011)

David Thomas RHODES, Petitioner-Appellant, v. Dan JUDISCAK, Regional Vice President, Dismas Charities, Inc., Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

July 27, 2011.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Petitioner-Appellant David Thomas Rhodes , Hobbs, NM, Pro Se.

Andrea W. Hattan , Assistant U.S. Attorney ( Kenneth J. Gonzales , U.S. Attorney with her on the briefs), Las Cruces, NM, for Respondent-Appellee.

Before LUCERO, EBEL, and GORSUCH, Circuit Judges.

LUCERO, Circuit Judge.

David Thomas Rhodes appeals the district court's order dismissing his 28 U.S.C. § 2241 petition as moot.1 Rhodes' petition challenges only the length of his prison sentence. But he concedes he is no longer in prison. Although he remains subject to a long term of supervised release, this court cannot issue a judgment on his § 2241 petition that will shorten his supervised release term. Exercising jurisdiction...

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