Hamdan v. United States of America
| Khalid Hamdan |
| United States of America |
| 1:2019cv07105 |
| October 29, 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
RSS Track this Docket
This docket was last retrieved on August 11, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 4 DESIGNATION of Matthew M. Schneider as U.S. Attorney for United States of America (Schneider, Matthew)(Docket Text Modified by Clerk's Office) Modified on 11/6/2019 (pk, ). |
| Filing 3 MINUTE entry before the Honorable Manish S. Shah: Petitioner's request for release pending review of his 2255 petition is denied. As petitioner points out, the court has the power to release petitioner, but that power is "to be exercised very sparingly." Cherek v. United States, 767 F.2d 335, 337 (7th Cir. 1985). The petition asserts claims of ineffective assistance of counsel that are not unusual, and its potential merit is not sufficient to justify the exercise of the power to release a petitioner. Petitioner's challenge to his trial counsel's failure to move to suppress evidence would not undermine the conviction for conspiracy (which was supported by evidence not challenged in the petition) or likely change the sentence imposed. Petitioner's primary challenge concerns the sufficiency of the evidence of the requisite mental state (applicable to all counts of conviction), and his trial counsel's failure to challenge the sufficiency of that evidence. The mental state requirement was litigated at trial and on direct appeal, albeit in a slightly different form. As a result, it is unlikely that this case presents the extraordinary situation where continued incarceration amounts to an injustice that cannot wait for full briefing and deliberation on the merits. The government shall respond to the petition by January 3, 2020, and petitioner's reply is due February 7, 2020. The court will issue a written ruling on the petition after it is fully briefed. Notices mailed. (psm, ) |
| Filing 2 CIVIL Cover Sheet. (smm, ) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) and no copies filed by Khalid Hamdan. (1:16-CR-00252-1); (Attachments: #1 Envelope not postmarked). (Envelope not postmarked).(smm, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Hamdan v. United States of America | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Petitioner: Khalid Hamdan | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Respondent: United States of America | |
| Represented By: | AUSA - Chicago |
| Represented By: | Kelly Mattea Greening |
| Represented By: | Matthew M. Schneider |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
