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127 F. App'x 636

In Re: Carter

U.S. Courts of Appeals

Decided May 4, 2005

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U.S. Courts of Appeals · decided 2005-05-04

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Decided 2005-05-04

¶1 OPINION

PER CURIAM.

¶2 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.

¶3 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.

¶4 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.

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