Hayden v. United States of America
| Darrius Hayden |
| United States of America |
| 4:2018cv04192 |
| September 24, 2018 |
| US District Court for the Central District of Illinois |
| Sara Darrow |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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TEXT ORDER entered by Judge Sara Darrow on November 14, 2018. On October 2, 2018, the Court warned Petitioner Hayden of its intention to construe his #1 motion as a request for relief pursuant to 28 U.S.C. 2255. See Castro v. United States, 540 U.S. 375, 383 (2004). The Court granted him 30 days to either withdraw or amend his #1 motion to include all of his claims for relief. On October 29, 2018, Petitioner filed a #3 motion to withdraw, which states Hayden's request "to withdraw [his] motion under 2 8 U.S.C. 2255." The #3 motion is GRANTED and the #1 motion is hereby withdrawn. It will not be considered a motion under 2255 which will subject any subsequent 2255 motion to the restrictions applicable to second or successive 2255 motions. The Clerk is directed to close the case. (KML, ilcd)
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| Filing 3 MOTION to Withdraw by Petitioner Darrius Hayden. Responses due by 11/13/2018. (ED, ilcd) |
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TEXT ORDER entered by Judge Sara Darrow on October 2, 2018. On September 24, 2018, the Court received a #1 letter from Darrius Hayden, which included the number of his criminal case, 13-40001. In that case, after a jury found him guilty of violating 18 U.S.C. 922(g), Hayden was sentenced to 110 months of imprisonment, 3 years of supervised release, and a $100 special assessment. Hayden appealed and that proceeding concluded on May 13, 2015. See United States v. Hayden, 612 F. App'x 381 (7th Cir. 2015). In the #1 letter, Hayden asserts that, based on changes in the law since his sentencing, including Sessions v. Dimaya, 138 S. Ct. 1204 (2018), his "current sentence... is no longer valid... and... must be reduced to a properly calculated guideline range." See #1 at 1-2. The Court finds that Hayden is seeking relief that is available only under 28 U.S.C. 2255, see United States v. Campbell, 324 F.3d 497, 500 (7th Cir. 2003) (Easterbrook, J., concurring) ("Once a district court enters a final judgment (which in a criminal case means the sentence) it lacks jurisdiction to continue hearing related issues, except to the extent authorized by statute or rule."), and therefore his letter can properly be construed as a motion pursuant to 28 U.S.C. 2255 to vacate, set aside, or correct his sentence, see United States v. Henderson, 264 F.3d 709, 710 (7th Cir. 2001) ("[A] postconviction motion that is functionally, substantively, a motion under section 2255 (the federal prisoner's habeas corpus substitute) should be treated as such, even if labeled differently...." (citing United States v. Evans, 224 F.3d 670 (7th Cir. 2000))). The Court hereby advises Hayden of its intent to characterize the #1 letter as a 2255 motion and warns Hayden that this characterization will subject any subsequent 2255 motion to the restrictions applicable to second or successive 2255 motions, as laid out in 28 U.S.C. 2255(h). See Castro v. United States, 540 U.S. 375, 383 (2003). Hayden is further advised that he has the opportunity to withdraw the #1 letter, if he does not want it to be considered a motion under 2255, or to amend it to include all of his 2255 claims. See id.; see also Nolan v. United States, 358 F.3d 480, 482 (7th Cir. 2004) ("[A] district court may not 'convert' a filing into a 2255 motion without first explaining its action to the petitioner, warning h[im] of the consequences of such a recharacterization, and giving h[im] an opportunity to withdraw the motion."). Hayden is granted thirty days to withdraw or amend his #1 letter. If Hayden does not withdraw his #1 letter or if he amends it, the Court will then conduct its preliminary review under Rule 4 of the Rules Governing Section 2255 Proceedings and order the Government to respond, if necessary. The Clerk is directed to send form AO 243, along with a copy of this order, to Hayden. (KML, ilcd)
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| Filing 2 Remark: Criminal Indictment and Judgment and Commitment Order - see criminal case number 13-40001. (Attachments: #1 Judgment) (ED, ilcd) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Darrius Hayden.(ED, ilcd) |
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| Respondent: United States of America | |
| Represented By: | Alyssa A Raya |
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| Petitioner: Darrius Hayden | |
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