Bogan v. USA
| Rasheem Damonte Bogan |
| USA |
| 4:2021cv04068 |
| April 14, 2021 |
| US District Court for the Central District of Illinois |
| Sara Darrow |
| Jonathan E Hawley |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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| Filing 2 JUDGMENT entered. (RES) |
TEXT ORDER entered by Chief Judge Sara Darrow on April 26, 2021 as to Rasheem Damonte Bogan. On April 14, 2021, Petitioner Rasheem Damonte Bogan, proceeding pro se, filed a 115 motion for relief under 28 U.S.C. 2255. Under this statute, "[a] prisoner in custody under sentence of a court established by Act of Congress... may move the court which imposed the sentence to vacate, set aside or correct the sentence" if "the sentence was imposed in violation of the Constitution or laws of the United States, or... the court was without jurisdiction to impose such sentence, or... the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack." 28 U.S.C. 2255(a). However, Petitioner has not been sentenced; in fact, he has not even been tried. His 115 motion is therefore premature. See, e.g., Stone v. United States, Civil Action No. 19-21052 (SDW), 2019 WL 6696281, at *1 (D.N.J. Dec. 9, 2019) ("Because Petitioner has not yet been sentenced, however, relief under 2255 is not yet available...."). Because it plainly appears from Petitioner's 115 motion and the record that he is not entitled to relief, the 115 motion is SUMMARILY DISMISSED without prejudice as premature. See Rule 4(b), Rules Governing 2255 Proceedings ("If it plainly appears from the motion, any attached exhibits, and the record of prior proceedings that the moving party is not entitled to relief, the judge must dismiss the motion and direct the clerk to notify the moving party."). The Clerk is directed to enter judgment and close the accompanying civil case, 4:21-cv-04068-SLD-JEH.(RES)
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| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Rasheem Damonte Bogan. (Attachments: #1 Letter, #2 Envelope)(RES) |
| Remark: A Motion to Vacate, Set Aside or Correct Sentence has been filed in criminal case 20-40022. All subsequent filings will be docketed in the criminal case. (RES) |
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| Petitioner: Rasheem Damonte Bogan | |
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| Respondent: USA | |
| Represented By: | Alyssa A Raya |
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