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McCullough v. Graber

United States Court of Appeals, Ninth Circuit

May 10, 2013

Perry Adron McCullough, Petitioner-Appellant,
v.
Conrad M. Graber, Warden, Respondent-Appellee.

Argued and Submitted February 15, 2013 —San Francisco, California

Amended July 11, 2013

Appeal from the United States District Court for the District of Arizona Frank R. Zapata, Senior District Judge, Presiding, D.C. No. 4:10-cv-00465-FRZ

Thomas S. Hartzell, Tucson, Arizona, for the Petitioner-Appellant.

Bruce M. Ferg (argued), Assistant U.S. Attorney; Christina M. Cabanillas, Appellate Chief; John S. Leonardo, United States Attorney, United States Attorneys' Office, Tucson, Arizona, for Respondent-Appellee.

Before: Jerome Farris and N. Randy Smith, Circuit Judges, and Timothy M. Burgess, District Judge. [*]

SUMMARY [**]

Habeas Corpus

The panel amended its opinion, filed on May 10, 2013.

In the amended opinion, the panel dismissed as moot a 28 U.S.C. § 2241 habeas corpus petition requesting reconsideration of the Bureau of Prisons' rejection of petitioner's application to the Second Chance Act's elderly offender pilot program, which no longer exists. The Second Chance Act of 2007 allowed the Bureau to remove eligible elderly offenders from a Bureau facility and place them on home detention. The panel held that petitioner's appeal is moot because the relief requested in his habeas petition is no longer available.

ORDER

The opinion filed on May 10, 2013, is hereby AMENDED. An Amended Opinion is filed concurrently with this order.

No petition for rehearing or rehearing en banc was filed within the original time period, and that time period has now expired. No subsequent petitions for rehearing or rehearing en banc shall be filed.

OPINION

BURGESS, District Judge


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