Whether a habeas case is moot when the defendant has completed their term of imprisonment and commenced supervised release, even though the sentencing court can terminate or reduce the supervised release term and the over-incarceration established in the habeas case would be an equitable consideration

QUESTION PRESENTED A defendant in a federal criminal case receives a paradigmatic sentence -a term of imprisonment, to be followed by a term of supervised release. While in prison, she files a petition for a writ of habeas corpus, alleging that the Bureau of Prisons miscalculated her prison-release date, and will therefore over-incarcerate her. Before the court adjudicates that case, however, she completes her term of imprisonment and commences her term of supervised release. Is her habeas case moot, even though the sentencing court can terminate or reduce her term of supervised release, and the over-incarceration, established in the habeas case, would constitute an “equitable consideration[] of great weight[]” in the sentencing court? Johnson v. United States, 529 U.S. 53, 60 (2000). ti LIST OF ALL PROCEEDINGS DIRECTLY RELATED TO THIS CASE ¢ Herndon vy. Upton, No. 19-11156, U.S. Court of Appeals for the Fifth Circuit. Judgment entered Jan. 18, 2021. ¢ Herndon vy. Upton, No. 18-cev-120, U.S. District Court for the Northern District of Texas. Judgment entered Sept. 25, 2019. ¢ United States v. Herndon, No. 17-12373, U.S. Court of Appeals for the Eleventh Circuit. Judgment entered Aug. 10, 2018. ¢ Herndon vy. United States, No. 17-12597, U.S. Court of Appeals for the Eleventh Circuit. Order Denying Motion for Certificate of Appealability entered Sept. 20, 2017; Order Denying Motion for Reconsideration entered Nov. 3, 2017. ¢ Herndon v. United States, No. 17-ev-80501, U.S. District Court for the Southern District of Florida. Report and Recommendation entered May 1, 2017; Order Adopting Report and Recommendation entered May 24, 2017; Order Denying Motion for Reconsideration entered Jun. 21, 2017. ¢ United States v Herndon, No. 12-cr-80172, U.S. District Court for the Southern District of Florida. Judgment entered Mar. 25, 2013.