United States v. Allan Hawley ( 2017 )

Case: 14-51309 Document: 00514130948 Page: 1 Date Filed: 08/24/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 14-51309
Fifth Circuit
FILED
Summary Calendar August 24, 2017
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
ALLAN HAWLEY,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:13-CV-1034
Before REAVLEY, PRADO, and GRAVES, Circuit Judges.
PER CURIAM: *
Allan Hawley, federal prisoner # 60662-080, appeals the dismissal of his
28 U.S.C. § 2255 motion, which alleged that the district court erred in
sentencing him under the Armed Career Criminal Act (ACCA), 18 U.S.C.
§ 924(e). On October 27, 2016, the district court found that the application of
the ACCA to Hawley was invalidated by Johnson v. United States, 135 S. Ct.
2551 (2015). The district court vacated the 240-month sentence under the
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 14-51309 Document: 00514130948 Page: 2 Date Filed: 08/24/2017
No. 14-51309
ACCA and resentenced Hawley to 120 months in prison. Because the district
court vacated the sentence from which Hawley seeks relief under § 2255, this
appeal does not present a live controversy and is moot. See Rocky v. King, 900
F.2d 864, 867 (5th Cir. 1990). Accordingly, the appeal is DISMISSED as
MOOT.
2