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M'Wanza v. Howell

COURT OF APPEALS OF THE STATE OF NEVADA
May 26, 2020
No. 79782-COA (Nev. App. May. 26, 2020)

Opinion

No. 79782-COA

05-26-2020

TACUMA JAWANZA M'WANZA, Appellant, v. JERRY HOWELL, WARDEN, Respondent.


ORDER OF AFFIRMANCE

Tacuma Jawanza M'Wanza appeals from a single district court order that denied postconviction petitions for a writ of habeas corpus filed on January 7, 2019, and February 5, 2019. Eighth Judicial District Court, Clark County; Tierra Danielle Jones, Judge.

M'Wanza claims the district court erred by denying, as moot, his claims that the Nevada Department of Corrections is improperly denying him credit off his minimum term, he is entitled to have 40% deducted off his sentence separate from the provisions in NRS 209.4465, and the denial of credit violates his rights under the Equal Protection Clause, the Due Process Clause, and the Eighth Amendment. The district court found that M'Wanza received a parole hearing on April 1, 2019, and was denied parole at that time. The district court concluded that M'Wanza's appearance before the Board of Parole Commissioners rendered M'Wanza's challenges to the application of credit to his minimum term moot. The record supports the district court's findings, and we conclude the district court did not err by denying M'Wanza's petitions. See Williams v. State, Dep't of Corr., 133 Nev. 594, 600 n.7, 402 P.3d 1260, 1265 n.7 (2017) ("[N]o relief can be afforded where the offender has already expired the sentence or appeared before the parole board on the sentence." (internal citation omitted)). Accordingly, we

ORDER, the judgment of the district court AFFIRMED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Bulla cc: Hon. Tierra Danielle Jones, District Judge

Tacuma Jawanza M'Wanza

Attorney General/Carson City

Attorney General/Las Vegas

Eighth District Court Clerk


Summaries of

M'Wanza v. Howell

COURT OF APPEALS OF THE STATE OF NEVADA
May 26, 2020
No. 79782-COA (Nev. App. May. 26, 2020)
Case details for

M'Wanza v. Howell

Case Details

Full title:TACUMA JAWANZA M'WANZA, Appellant, v. JERRY HOWELL, WARDEN, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: May 26, 2020

Citations

No. 79782-COA (Nev. App. May. 26, 2020)