Opinion
10cr4988(1)-BEN
11-23-2021
UNITED STATES OF AMERICA, Plaintiff, v. LUIS HERRERA, JR, Defendant.
ORDER DENYING DEFENDANT'S MOTION FOR COMPASSIONATE RELEASE UNDER THE FIRST STEP ACT, 18 U.S.C. § 3582(c)(1)(A)
[ECF No. 128]
HON. ROGER T. BENITEZ, United States District Judge
I. INTRODUCTION
Before the Court is Luis Herrera, Jr.'s motion for compassionate release under the First Step Act, 18 U.S.C. § 3582(c)(1)(A). According to the U.S. Bureau of Prisons, Luis Herrera, Jr., Register No. 23176-298, was released from custody on July 9, 2021. Petitioner has been granted the relief he sought with this motion (i.e., to be released).
The case or controversy requirement of Article III of the Federal Constitution deprives the Court of jurisdiction to hear moot cases. Iron Arrow Honor Soc'y v. Heckler, 464 U.S. 67, 70 (1983); NAACP., Western Region v. City of Richmond, 743 F.2d 1346, 1352 (9th Cir. 1984). A case becomes moot if the “the issues presented are no longer ‘live' or the parties lack a legally cognizable interest in the outcome.” Murphy v. Hunt, 455 U.S. 478, 481 (1984). When a prisoner is released from custody, his motion for compassionate release becomes moot because there is no further relief this Court can provide.
ORDER
For the reasons set forth above, IT IS ORDERED that the motion be denied.
IT IS SO ORDERED.