Petition for Writ of Certiorari — Bryan Alan Kennert, Petitioner v. United States

No. 23-6757

In the Supreme Court of the United States

BRYAN ALAN KENNERT, PETITIONER

v.

UNITED STATES OF AMERICA, RESPONDENT

ON PETITION FOR A WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

MOTION TO DISMISS PETITION FOR WRIT OF CERTIORARI

PURSUANT TO SUPREME COURT RULE 46.2(a)

SHARON A. TUREK

Federal Public Defender

PAUL L. NELSON

Counsel of Record for Petitioner

Assistant Federal Public Defender

Office of the Federal Public Defender

Western District of Michigan

50 Louis NW, Suite 300

Grand Rapids, MI 49503

(616) 742-7420

Paul L. Nelson, counsel of record for Petitioner Bryan Alan Kennert, and

pursuant to Supreme Court Rule 46.2(a), respectfully moves this Honorable Court to

dismiss the Petition for Writ of Certiorari. In support, counsel states as follows:

1.

The instant Petition was filed seeking review of the Opinion and

Judgment entered on August 3, 2023, by the United States Court of Appeals for the

Sixth Circuit affirming the judgment of the United States District Court for the

Western District of Michigan which had imposed a sentence of imprisonment on

Bryan Kennert.

2.

Counsel has learned that Mr. Kennert passed away on February 11,

2024, while in the custody of the Federal Bureau of Prisons. See Federal Bureau of

Prisons, Inmate Locator, search for Bryan Alan Kennert, Register Number 05992040. 1

3.

A Petition for Writ of Certiorari is dismissed upon the death of the

Petitioner. Dove v. United States, 423 U.S. 325, 96 S.Ct. 579 (1976).

4.

Mr. Kennert was seeking leave to proceed in forma pauperis and the

Government has waived its right to respond to the Petition. There currently are no

fees due the Clerk in this matter.

1

The Inmate Locator is found at https://www.bop.gov/inmateloc/

WHEREFORE, it is respectfully requested that this Honorable Court grant

this motion and dismiss the Petition for Writ of Certiorari.

Respectfully submitted,

SHARON A. TUREK

Federal Public Defender

Dated: February 23, 2024

/s/ Paul L. Nelson

PAUL L. NELSON

Counsel of Record for Petitioner

Assistant Federal Public Defender

Office of the Federal Public Defender

Western District of Michigan

50 Louis NW, Suite 300

Grand Rapids, MI 49503

(616) 742-7420