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United States v. White

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


February 22, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
WILLIE JAMES WHITE, DEFENDANT.

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

ORDER

Willie James White seeks a reduction in his sentence pursuant to 18 U.S.C. § 3582(c) and Amendment 706 to the United States Sentencing Guidelines (Doc. 48). The Court appointed counsel to represent White 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). White did not respond to the motion to withdraw, even though he was given an opportunity to do so.

The Court notes that White has been released from custody from his original sentence and has been revoked two times. See Docs. 31, 32, 44 & 45. Thus, the pending motion for a reduction in sentence is moot, because White 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).

The Court therefore GRANTS counsel's motion to withdraw (Doc. 51) and DISMISSES as moot the motion for a sentence reduction (Doc. 48).

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court

20100222

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