United States District Court, W.D. New York
June 21, 2005.
UNITED STATES OF AMERICA,
ANTHONY WHITTER, Defendant.
The opinion of the court was delivered by: WILLIAM SKRETNY, District Judge
1. On October 9, 2003, Defendant Anthony Whitter filed two
documents captioned "Motion to Dismiss" and "Evidentiary
Submissions." These documents were later construed by this Court
as a Motion to Vacate or Set Aside Sentence pursuant to
28 U.S.C. § 2255.
2. On December 11, 2003, the Government filed a Motion to
Dismiss Defendant's § 2255 petition. No further action was taken
on the case by the parties.
3. On May 19, 2005, this Court issued an Order directing the
Government to file a submission with an update regarding
Defendant's immigration status and the status of this case.
4. In its submission, filed on June 9, 2005, the Government
advises that Defendant completed his federal sentence on
September 19, 2003, and was subsequently removed from the United
States to Canada in October 2004. Accordingly, Defendant's
petition for relief is moot.
IT HEREBY IS ORDERED, that Defendant's Motion to Vacate or Set
Aside Sentence pursuant to 28 U.S.C. § 2255 (Docket No. 54) is
DENIED as moot. FURTHER, that the Government's Motion to Dismiss (Docket No.
56) is DENIED as moot.
FURTHER, that the Clerk of the Court is directed to close this case.
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