Source: United States Court of Appeals for the Third Circuit
Date: 2005-05-04
Jurisdiction: United States
Docket: No. 05-1471
Citation: 127 F. App'x 636
Opinion
OPINION PER CURIAM. Delroy D. Carter asks that we issue a writ of mandamus directing the District Court to rule on his motion under 28 U.S.C. § 2255 claiming ineffective assistance of counsel and that the District Court erred in computing his sentence. For the reasons that follow, we will deny the petition. Carter is a federal prisoner at FCI-Fort Dix serving seventy-eight months for illegally reentering the country after deportation. On April 29, 2002, following a direct appeal, he filed a motion under 28 U.S.C. § 2255.
After nearly three years in the District Court, Carter had not received a ruling on his motion despite multiple requests. On February 14, 2005, Carter filed the current petition for a writ of mandamus asking us to direct the District Court to rule on his pending motion. By order entered April 22, 2005, the District Court denied Carter’s § 2255 motion. Because the District Court has ruled on Carter’s motion, we will deny the mandamus petition as moot.