Freddy Fernandez-Breth v. Warden B. Wingfiled

Summary

A United States magistrate judge recommends dismissing as moot Freddy Fernandez-Breth’s 28 U.S.C. § 2241 petition challenging the Bureau of Prisons’ failure to apply First Step Act credits. The recommendation states that the credits were applied, resulting in Fernandez-Breth’s release and transfer to Immigration and Customs Enforcement custody, eliminating any live case or controversy.

Holdings

1. The petition no longer presented a live case or controversy because the Bureau of Prisons applied the requested First Step Act credits, resulting in petitioner's release from BOP custody; dismissal as moot was therefore recommended.

Questions Presented

1. Whether the petition for a writ of habeas corpus under 28 U.S.C. § 2241 became moot after the Bureau of Prisons applied the requested First Step Act credits and released petitioner from BOP custody.

Disposition

dismissed