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U.S. v. WHITTER

United States District Court, W.D. New York


June 21, 2005.

UNITED STATES OF AMERICA,
v.
ANTHONY WHITTER, Defendant.

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

ORDER

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.

  SO ORDERED.

20050621

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