Kelly v. Joslin

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 24, 2006
• Docket: 05-11372
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 24, 2006

Charles R. Fulbruge III Clerk No. 05-11372 Conference Calendar

RONALD D. KELLY,

Petitioner-Appellant,

versus

DAN JOSLIN, Warden,

Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 3:05-CV-1402 --------------------

Before JOLLY, DeMOSS, and STEWART, Circuit Judges.

PER CURIAM:*

Ronald D. Kelly, federal prisoner # 15592-064, appeals the

district court’s dismissal of his 28 U.S.C. § 2241 petition.

Kelly pleaded guilty in the Western District of Oklahoma to

possession with the intent to manufacture a controlled substance.

His § 2241 petition challenged the constitutionality of his

sentence in light of United States v. Booker, 543 U.S. 220

(2005).

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 05-11372 -2-

On direct appeal, Kelly’s sentence was vacated under Booker,

and the matter was remanded for resentencing. United States v.

Kelly, 159 F. App’x 864, 867-68 (10th Cir. 2005). As Kelly has

received all of the relief he was seeking in his § 2241 petition,

his appeal is moot. See McRae v. Hogan, 576 F.2d 615, 616-17

(5th Cir. 1978). Accordingly, this appeal is DISMISSED as moot.