United States of America v. Barbosa
Plaintiff: United States of America
Defendant: Vito Barbosa
Case Number: 1:2016cv09289
Filed: September 27, 2016
Court: US District Court for the Northern District of Illinois
Office: Chicago Office
County: XX US, Outside the State of IL
Presiding Judge: Milton I. Shadur
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255 Remedies on motion attacking sentence
Jury Demanded By: None
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Date Filed Document Text
November 15, 2016 Opinion or Order Filing 21 MEMORANDUM Order. Signed by the Honorable Milton I. Shadur on 11/15/2016:Mailed notice(clw, )
November 9, 2016 Opinion or Order Filing 16 MEMORANDUM Order: Because Haney is on all fours with this case, this Court withdraws the Opinion, thus reviving Barbosa's Section 2255 motion. In accordance with Rule 5(a) of the Rules Governing Section 2255 Proceedings for the United States Dis trict Courts, government counsel is ordered to file an answer to the motion at the earliest possible date. Speed is particularly important here, because if Barbosa's status as an Armed Career Criminal is overturned pursuant to Mathis, attorney T heis' supplemental memorandum states that he has already served the highest sentence that could have been imposed on him and is therefore entitled to release from prison now. Signed by the Honorable Milton I. Shadur on 11/9/2016:Mailed notice(clw, )
November 1, 2016 Opinion or Order Filing 14 MEMORANDUM Order: Defendant Barbosa is not entitled to relief at this time under Section 2255, so that the case is still at the Rule 4(b) stage of the Rules governing Section 2255 Proceedings for the United States District Courts. If, however, the f ederal defender were to come up with some additional submission that would put what has been said in the Opinion into arguable question, this Court would proceed to order the United States to respond under Rule 5(a) of those Rules. But in the meantime Barbosa is unquestionably not entitled to current release on his own sayso. Motion 13 terminated. Signed by the Honorable Milton I. Shadur on 11/1/2016:Mailed notice(clw, )
October 24, 2016 Opinion or Order Filing 10 MEMORANDUM Opinion and Order: This Court has turned its own attention, for the first time, to the soundness or lack of soundness in Barbosa's ipse dixit assertion, and this memorandum opinion and order addresses that subject. Defendant's Section 2255 motion will be held in suspense pending further input from the federal defender whose appointment for that purpose this Court is currently seeking to arrange. Signed by the Honorable Milton I. Shadur on 10/24/2016:Mailed notice(clw, )
October 21, 2016 Opinion or Order Filing 9 MEMORANDUM Order: This Court grants defendant's Rule 59(e) motion 8 and will reconsider his Section 2255 motion as a fresh matter. This Court will seek to obtain legal assistance for him from this District Court's outstanding Federal Defender Program. Signed by the Honorable Milton I. Shadur on 10/21/2016:Mailed notice(clw, )
October 17, 2016 Opinion or Order Filing 7 MEMORANDUM Order: On October 12, 2016 this Court received from the Clerk's Office the Judge's Copy of a pro se filing by Vito Barbosa ("Barbosa") captioned "Emergency Motion To Expedite 28 U.S.C.§2255 Petition for Good Cause Shown" ("Emergency Motion"). That filing, dated October 6 by Barbosa, was obviously prepared and filed before Barbosa received this Court's October 4 memorandum order that reflected its prompt examination of Barbosa's Section 2255 motion and explained why it called for dismissal under Rule 4(b) of the Rules Governing Section 2255 Proceedings for the United States District Courts.As a result, Barbosa's Emergency Motion is denied as moot. And as the October 4 memorandum order concluded by saying, this Court has denied a certificate of appealability but has apprised Barbosa of his right to seek a certificate from the Court of Appeals underFed. R. App. 22. Signed by the Honorable Milton I. Shadur on 10/17/2016:Mailed notice(clw, )
October 4, 2016 Opinion or Order Filing 4 MEMORANDUM Order. Signed by the Honorable Milton I. Shadur on 10/4/2016:Mailed notice(clw, )
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Plaintiff: United States of America
Represented By: AUSA - Chicago
Represented By: Amarjeet Singh Bhachu
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Defendant: Vito Barbosa
Represented By: William H. Theis
Represented By: William Todd Watson
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