Opinion
1:21-CR-1-HAB
01-10-2024
OPINION AND ORDER
HOLLY A. BRADY UNITED STATES DISTRICT COURT CHIEF JUDGE
On July 10, 2023, Petitioner Katina Miller (“Miller”) filed a pro se Motion to Reduce Sentence under the First Step Act of 2018 and The Corona Virus Relief Act. (ECF No. 58). In her petition, Miller seeks a sentencing reduction that will result in her immediate release from confinement. (Id.). The Government responded to Miller's Petition on July 26, 2023. (ECF No. 60). Miller requested until September 18, 2023, to file a reply brief which this Court granted. (ECF No. 65). Miller never filed a reply.
Subsequent to the filing of her Petition, Miller was released from federal prison. See BOP Inmate Locator, https://www.bop.gov/inmateloc/ (Katina Miller, BOP Register No. 28209-509, release date October 31, 2023) (last visited Jan. 9, 2024). This release renders her petition moot. See, e.g., United States v. Sirois, 2019 WL 1923632, at *1 (D. Me. Apr. 30, 2019) (concluding that request for release under the First Step Act was moot because defendant had already been released); see also North Carolina v. Rice, 404 U.S. 244, 246 (1971) (mootness is a jurisdictional issue, which may be raised by a court sua sponte).
For the foregoing reasons, Miller's Petition (ECF No. 58) is DENIED as MOOT.
SO ORDERED.