Jermel Pope v. Janet Perdue

Opinion

United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

July 30, 2018

Before

DIANE P. WOOD, Chief Judge

KENNETH F. RIPPLE, Circuit Judge

MICHAEL S. KANNE, Circuit Judge

No. 16-4217

JERMEL POPE, Appeal from the United States District Petitioner-Appellant, Court for the Central District of Illinois. v. No. 14-cv-01393 JANET PERDUE Respondent-Appellee. Sara Darrow, Judge.

ORDER

It is ORDERED that footnote 1 at page 5 of the original opinion is STRICKEN and replaced with the following revised footnote 1:

The Government’s reliance on Spencer v. Kemna’s mootness standard is misplaced. See 523 U.S. 1, 7 (1998). While Pope is no longer incarcerated, he continues to serve his sentence on supervised release – another form of custody. Trotter, 270 F.3d at 1152. Thus, Spencer, a case in which the petitioner’s sentence had already expired, does not apply. See Spencer, 523 U.S. at 7. No. 16-4217 Page 2

It is further ORDERED that the statute referred to on line 2 of the CONCLUSION at page 13 of the original opinion is revised from § 3538(e) to § 3583(e).

Finally, it is ORDERED that the Respondent’s Petition for Panel Rehearing is DENIED.