· 10/29/2002
United States v. Charles Kissinger
Citations
- 309 F.3d 179
- 2002 U.S. App. LEXIS 22500
- 2002 WL 31417554
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that where an appellant has already served his sentence, and the sentence has no collateral consequences, an appeal of the terms of the sentence is moot
- stating that an inmate who has been unconditionally released from prison must demonstrate collateral consequences continuing from the constitutional injury, lest her claim be rendered moot
- challenged act was the probation condition limiting petitioner’s ability to travel and not the underlying conviction
- “This collateral consequence is insufficient to breathe life into the mooted controversy because the possible effect of an increased sentence depends on Kissinger’s subsequent commission 7 and conviction of a crime.”
- “once a litigant is unconditionally released from a criminal confinement, the litigant must prove that he or she suffers a continuing injury from the collateral consequences attaching to the challenged act.”
- discussing similarities between probation and supervised release
Source: CourtListener parenthetical corpus (CC0).
Judges: McKEE, Stapleton, Wallace
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.