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VALENZUELA v. SILVERSMITH

No. 11-2212.

699 F.3d 1199 (2012)

Alvin VALENZUELA, Petitioner-Appellant, v. Steve SILVERSMITH, Deputy Warden, McKinley County Detention Center; Joseph Delgado, Corrections Administrator, Tohono O'odham Nation, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

November 14, 2012.

Attorney(s) appearing for the Case

Barbara Louise Creel ( Christine Zuni Cruz , with her on the briefs), University of New Mexico Clinical Law Programs, Albuquerque, New Mexico, appearing for Appellant.

Laura Berglan , Assistant Attorney General ( Doreen N. McPaul , Assistant Attorney General, with her on the brief), Tohono O'odham Nation , Office of the Attorney General, Sells, AZ, appearing for Appellee Delgado.

Desiree D. Gurule ( Kevin N. Brown and Elizabeth V. Friedenstein , with her on the brief), Brown Law Firm, Albuquerque, New Mexico, appearing for Appellee Silversmith.

Before BRISCOE, Chief Judge, GORSUCH, and MATHESON, Circuit Judges.

MATHESON, Circuit Judge.

Alvin Valenzuela, an enrolled member of the Tohono O'odham Nation (the "Nation"), through counsel, filed a petition for writ of habeas corpus pursuant to 25 U.S.C. § 1303 seeking relief from tribal court convictions and his sentence. While Mr. Valenzuela's petition was pending in federal district court, he completed his sentence and was released from prison. The district court concluded that Mr. Valenzuela's claims were moot because of...

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