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United states v. Hues

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


February 17, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
FRANCIS MARIE HUES, DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

Francis Marie Hues seeks a reduction in her sentence pursuant to 18 U.S.C. § 3582(c) and Amendment 706 to the United States Sentencing Guidelines (Doc. 128). The Court appointed counsel to represent Hues on this issue, and counsel has now moved to withdraw on the basis that she 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). Hues did not respond to the motion to withdraw, even though she was given an opportunity to do so.

The Court notes that Hues has been released from custody from her original sentence and has been revoked three times. See Docs. 111, 125 & 145. Thus, the pending motion for a reduction in sentence is moot, because Hues has already served her original prison sentence.See United States v. Forman, 553 F.3d 585, 589 (7th Cir.), cert. denied sub nom McKnight v. United SStates, 12 S.Ct. 1924 (2009).

The Court therefore GRANTS counsel's motion to withdraw (Doc. 148) and DISMISSES as moot the motion for a sentence reduction (Doc. 128).

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court

20100217

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