United States Third Circuit

Dismissal of a habeas petition is affirmed where petitioner's release from Bureau of Prisons (BOP) custody caused the pending petition, which challenged the BOP's failure to grant him early release, to become moot; and 2) petitioner's assertion of "collateral consequences" was insufficient.

Appellate Information

• Argued 11/20/2008
• Decided 02/18/2009
• Published 02/18/2009

Judges

• Before:  SCIRICA, Chief Judge, RENDELL, Circuit Judge, and O'CONNOR, Retired U.S. Supreme Court Justice.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Thomas W. Patton, Esq., [Argued], Office of Federal Public Defender, Erie, PA, for Appellant, John Burkey.


• For Appellees:
  
• Robert L. Eberhardt, Esq., Laura S. Irwin, Esq. [Argued], Office of the United States Attorney, Pittsburgh, PA, for Appellee, Helen J. Marberry, Warden FCI McKean.