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Al-Ameen v. Frakes

Supreme Court of Nebraska

April 1, 2016

ABDUL H. AL-AMEEN, APPELLANT,
v.
SCOTT R. FRAKES, DIRECTOR, NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES, ET AL., APPELLEES

Page 636

Appeal from the District Court for Lancaster County: JOHN A. COLBORN, Judge.

Gerald L. Soucie for appellant.

Douglas J. Peterson, Attorney General, and George R. Love for appellees.

HEAVICAN, C.J., WRIGHT, CONNOLLY, MILLER-LERMAN, CASSEL, and STACY, JJ.

OPINION

Page 637

[293 Neb. 249] Wright, J.

NATURE OF CASE

This is an appeal from the denial of a petition for a writ of habeas corpus. The petitioner, Abdul H. Al-Ameen, was erroneously discharged from the custody of the Nebraska Department of Correctional Services (Department) prior to completing his lawful sentence. He was later taken back into custody after the Department realized that his mandatory discharge date had been erroneously calculated by giving good time credit on the 10-year mandatory minimum portion of his sentence.

Al-Ameen filed a petition for a writ of habeas corpus, challenging the Department's continuing exercise of custody. The district court dismissed Al-Ameen's petition with prejudice. Al-Ameen appeals. Because Al-Ameen has since been released from the Department's custody, we dismiss this appeal as moot.

FACTS

Al-Ameen was convicted of possession of a deadly weapon by a felon and found to be a habitual criminal. He was sentenced to 10 to 15 years' imprisonment with 446 days' credit for time served. His sentence carried a mandatory minimum of 10 years' imprisonment due to the habitual criminal enhancement.[1]

[293 Neb. 250] On August 15, 2013, Al-Ameen was erroneously discharged by the Department prior to completing his lawful sentence. At the time of discharge, he had served the 10-year mandatory minimum prison sentence but still had 21?2 years remaining before he would be eligible for mandatory discharge.

Upon discovery of the error in June 2014, the State sought an arrest and commitment warrant for the return of Al-Ameen to the Department to serve the remainder of his sentence. The State's motion was supported by the affidavit of Michael Kenney, the then director of the Department, which affidavit stated that the Department " erroneously released [Al-Ameen] from custody prior to his mandatory discharge date by erroneously deducting good time credit from [Al-Ameen's] mandatory minimum sentence." The district ...


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