United States of America v. Lohmeier
| United States of America |
| Rebecca Lohmeier |
| 1:2019cv03213 |
| May 9, 2019 |
| US District Court for the Northern District of Illinois |
| Manish S Shah |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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| Document Text |
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| Filing 8 ENTERED JUDGMENT. Notices mailed. (psm, ) |
| Filing 7 MINUTE entry before the Honorable Manish S. Shah: The motion to vacate or correct sentence #1 and #5 is dismissed. Under Rule 4 of the Rules Governing Section 2255 Proceedings for the United States District Courts, this court must promptly examine the motion and dismiss it if it plainly appears that the moving party is not entitled to relief. Rebecca Lohmeier was sentenced in case number 12 CR 1005 on May 31, 2016, and judgment was entered in June 2016. Lohmeier did not appeal. There is a one-year limitations period for Section 2255 motions, see 28 U.S.C. s. 2255(f), and this motion (filed in May 2019) is untimely. The arguments raised in the motion about the proper calculation of the advisory sentencing guidelines could have been raised earlier, and there has been no applicable retroactive change in the guidelines to benefit Lohmeier. Even if timely raised, an advisory guidelines error is not cognizable in a 2255 motion. See United States v. Coleman, 763 F.3d 706, 708-709 (7th Cir. 2014). Lohmeier's motion also alludes to ineffective assistance of counsel, but makes no showing justifying the untimely assertion of this constitutional claim. The application to proceed in forma pauperis #3 is terminated as unnecessary (there is no filing fee for 2255 motions), and the motion for attorney representation #5 is denied (attorney assistance is not necessary since this motion can be resolved on initial screening by the court). The court declines to issue a certificate of appealability because Lohmeier has not made a substantial showing of the denial of a constitutional right and the procedural ruling on the timeliness of the motion is not reasonably debatable. Enter judgment and terminate case. Notices mailed. (psm, ) |
| Filing 6 LETTER from Rebecca Lohmeier dated 3/1/2019. (jh, ) |
| Filing 5 MOTION by Defendant Rebecca Lohmeier for Sentencing and Restitution Relief under Rule 36, Rule 52, 3582 and 3664. (Exhibits) (jh, ) |
| Filing 4 MOTION by Defendant Rebecca Lohmeier for attorney representation. (jh, ) |
| Filing 3 APPLICATION by Defendant Rebecca Lohmeier for leave to proceed in forma pauperis. (Exhibits) (jh, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (jh, ) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Rebecca Lohmeier. (12cr1005) (Envelope Postmarked 5/7/2019) (jh, ) |
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| Defendant: Rebecca Lohmeier | |
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| Plaintiff: United States of America | |
| Represented By: | AUSA - Chicago |
| Represented By: | Edward G. Kohler |
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