Burkey v. Marberry

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that the sentencing court may use its discretion to modify the length of a defendant’s term of supervised release under 18 U.S.C. § 3583(e
• when a prisoner challenges a sentence that has been served, the appeal is moot unless he can show collateral consequences.
• “A challenge to the BOP’s execution of a sentence is properly brought under 28 U.S.C. § 2241.”
• “Where...the appellant is attacking a sentence that has already been served, collateral consequences will not be presumed, but must be proven.”
• “Once a sentence has expired … some continuing injury, also referred to as a collateral consequence, must exist for the action to continue.”
• once a petitioner has been released from custody, “some continuing injury, also referred to as a collateral consequence, must exist for the action to continue’

Source: CourtListener parenthetical corpus (CC0).