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United States v. Holmes

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


June 15, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
KERRY HOLMES, DEFENDANT.

The opinion of the court was delivered by: Murphy, District Judge

MEMORANDUM AND ORDER

Kerry Holmes seeks a reduction in his sentence pursuant to 18 U.S.C. § 3582(c) and Amendment 706 to the United States Sentencing Guidelines (Doc. 37). The Court appointed counsel to represent Holmes on this issue, and counsel has now moved to withdraw on the basis that he can make no non-frivolous arguments in support of a reduction pursuant to 18 U.S.C. § 3582(c). See Anders v. California, 386 U.S. 738, 744 (1967). Holmes did not respond to the motion to withdraw, even though he was given an opportunity to do so.

The Court notes that Holmes was released from custody earlier this year; his term of supervised released started on April 30, 2009. Less than one month later, on May 22, 2009, the Government filed a petition to revoke his supervised release (see Doc. 41). That matter is set for a hearing before the undersigned on June 22, 2009 (see Doc. 45). Thus, the pending motion for a reduction in sentence is moot, because Holmes has already served his original prison sentence. See United States v. Forman, 553 F.3d 585, 589 (7th Cir.), cert. denied sub nom McKnight v. United States,129 S.Ct. 1924 (2009).*fn1

The Court therefore GRANTS counsel's motion to withdraw (Doc. 40) and DISMISSES the motion for a sentence reduction (Doc. 37) as moot.

Because Holmes has been released from the custody of the Bureau of Prisons, has not provided the Court with a new address, and is now in the custody of the United States Marshals Service pending a hearing on a petition to revoke his supervised release, his counsel shall provide a copy of this Memorandum and Order to Holmes. It is not necessary for the Clerk to mail a copy to Holmes at his last known address of record.

IT IS SO ORDERED.

G. Patrick Murphy United States District Judge


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