Booker v. Greenville FCI
3:24-cv-02410
| S.D. Ill. | Jul 17, 2025Background
- Edward Booker filed a pro se habeas petition under 28 U.S.C. § 2241 seeking application of credit to his sentence—specifically, time earned under the First Step Act and Second Chance Act.
- At the time of filing, Booker was incarcerated at FCI Greenville; he requested, among other relief, immediate placement in a Residential Reentry Center (RRC).
- After the petition, Booker was transferred to an RRC and later granted executive clemency, resulting in his release from the BOP and commencement of a six-year supervised release term.
- The respondent (Lillard) moved to dismiss the petition as moot, arguing that Booker had received the relief sought (RRC placement).
- Booker responded that the petition was not moot, as he had not received all the earned time credit he claimed was due under federal statutes.
- The court was tasked with determining whether Booker's petition remained a live controversy after his transfer and release.
Issues
| Issue | Booker's Argument | Lillard's Argument | Held |
|---|---|---|---|
| Is the habeas petition moot due to Booker's transfer to an RRC and later release? | Not moot; he did not receive all time credit and benefit under the First Step Act and Second Chance Act. | Moot; Booker received RRC placement and release, so no remaining relief to award. | Not moot; Booker could benefit from additional credit on supervised release. |
Key Cases Cited
- A.M. v. Butler, 360 F.3d 787 (7th Cir. 2004) (explaining the Article III requirement for live cases or controversies)
- Pope v. Perdue, 889 F.3d 410 (7th Cir. 2018) (burden on party asserting mootness; case not moot if petitioner could receive any potential benefit)
- Phifer v. Clark, 115 F.3d 496 (7th Cir. 1997) (release from custody does not automatically moot a § 2241 petition)
- United States v. Trotter, 270 F.3d 1150 (7th Cir. 2001) (challenge to sentence computation by those on supervised release may remain live)
