USA v. Curry et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America,
Plaintiff/Respondent,
vs.
Deshonte Antwon Dickson,
Defendant/Movant.
Criminal No.: 1:17-cr-00036
Civil No.: 1:26-cv-00143
ORDER GRANTING MOTION TO DISMISS AND
DISMISSING MOTION TO VACATE UNDER 28 U.S.C. SECTION 2255
[¶ 1] 	THIS MATTER comes before the Court on a Motion to Vacate under 28 U.S.C. § 2255
challenging the Defendant’s 120-month prison sentence. Doc. No. 328. In response, the United
States filed a Motion to Dismiss arguing the Motion to Vacate is moot because the Defendant is
no longer in custody. Doc. No. 330. The Defendant responded to the United States’ motion,
arguing that because he is on supervised release, the Court has jurisdiction over the Motion to
Vacate. Doc. No. 332.
[¶ 2] 	The Parties agree the Defendant is not in custody. The Motion to Vacate only challenges
his 120-month prison sentence. It does not challenge his conviction or the length of his term of
supervised release. Because the Defendant is no longer in custody, granting the Motion would not
provide any relief to the Defendant. The Motion is, therefore, moot. See Owen v. United States,
930 F.3d 989, 990 (8th Cir. 2019) (holding a § 2255 petition is moot when a prisoner is released
from prison and “challenged only his term of imprisonment” but not “the term of supervised
release”).
Case 1:17-cr-00036-DMT Document 335 Filed 07/22/26 Page 1 of 2

[¶ 3] 	Accordingly, the United States Motion to Dismiss is GRANTED and the Defendant’s
Motion to Vacate under 28 U.S.C. § 2255 is DISMISSED. The Court makes these additional
findings:
(1) Any appeal would be frivolous, could not be taken in good faith, and may not be taken
in forma pauperis.
(2) Based upon the entire record before the Court, dismissal of the Motion is not debatable,
reasonably subject to a different outcome on appeal, or otherwise deserving of further
proceedings. Therefore, a certificate of appealability will not be issued by this Court.
See Tiedeman v. Benson, 122 F.3d 518, 520 (8th Cir. 1997) (finding a district court
possesses the authority to issue certificates of appealability under § 2255(c)). If the
petitioner desires further review of his petition, he may request the issuance of a
certificate of appealability by a circuit judge of the Eighth Circuit Court of Appeals in
accordance with Tiedeman.
[¶ 4] 	IT IS SO ORDERED.
DATED July 22, 2026.
Daniel M. Traynor, District Judge
United States District Court
Case 1:17-cr-00036-DMT Document 335 Filed 07/22/26 Page 2 of 2