Juan Ledezma-Rodriguez v. M. Brecken ( 2020 )


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  •                                     UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 19-7577
    JUAN LEDEZMA-RODRIGUEZ,
    Petitioner - Appellant,
    v.
    M. BRECKEN, Warden, USP Lee,
    Respondent - Appellee.
    Appeal from the United States District Court for the Western District of Virginia, at
    Roanoke. Jackson L. Kiser, Senior District Judge. (7:18-cv-00268-JLK-RSB)
    Submitted: November 12, 2020                                Decided: November 24, 2020
    Before NIEMEYER, MOTZ, and QUATTLEBAUM, Circuit Judges.
    Dismissed as moot by unpublished per curiam opinion.
    Juan Ledezma-Rodriguez, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Juan Ledezma-Rodriguez, a former federal prisoner, appeals the district court’s
    order denying relief on his 
    28 U.S.C. § 2241
     petition in which he sought to challenge his
    sentence by way of the savings clause in 
    28 U.S.C. § 2255
    . While this case was pending
    on appeal, the United States District Court for the Southern District of Iowa granted
    Ledezma-Rodriguez’s motion for compassionate release and reduced his sentence to time
    served. United States v. Ledezma-Rodriguez, No. 3:00-cr-00071, 
    2020 WL 3971517
     (S.D.
    Iowa July 14, 2020).     Because Ledezma-Rodriguez was released and subsequently
    removed to Mexico, we conclude that this appeal is moot and dismiss it on that basis. See
    Porter v. Clarke, 
    852 F.3d 358
    , 363 (4th Cir. 2017) (“When a case or controversy ceases
    to exist—either due to a change in the facts or the law—the litigation is moot . . . .”
    (internal quotation marks omitted)). We dispense with oral argument because the facts and
    legal contentions are adequately presented in the materials before this court and argument
    would not aid the decisional process.
    DISMISSED AS MOOT
    

Document Info

Docket Number: 19-7577

Filed Date: 11/24/2020

Precedential Status: Non-Precedential

Modified Date: 11/24/2020