Stewart v. USA

Stewart v. USA

Petitioner:	Lynne Stewart
Respondent:	USA
Case Number:	1:2013cv05279
Filed:	July 30, 2013
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	John G. Koeltl
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By:	None

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Date Filed	Document Text
September 9, 2013	Filing 21 MEMORANDUM OPINION AND ORDER re: #103543 16 MOTION to Alter Judgment filed by Lynne Stewart.If the petitioner objects to any subsequent decision of the Bureau of Prisons, she should challenge any such decision, rather than simply keeping the presen t proceeding open to challenge decisions that have not yet been issued. The application pursuant to Rules 59(e) and 60(b) is therefore denied. (Signed by Judge John G. Koeltl on 9/7/2013) (tro); [* NOTE: Also docketed in related Criminal Case 02-cr-395(JGK), see Doc.#1079. *] Modified on 9/9/2013 (bw). Modified on 9/9/2013 (sdi).
August 9, 2013	Filing 12 AMENDED OPINION AND ORDER: The petitioner, Lynne Stewart, seeks an order pursuant to 28 U.S.C. 2255 and 18 U.S.C. 3582 reducing her sentence to time-served, or in the alternative, granting her immediate release on conditions consistent with her medi cal needs. The petitioner has been diagnosed with metastatic breast cancer. The Bureau of Prisons (BOP) denied a recent application for compassionate release, but subsequently, within the past three weeks, the petitioners current treating oncologist has given the petitioner a prognosis of less than 18 months to live. On August 7, 2013, the petitioner submitted a renewed application for compassionate release to the BOP, which is currently pending. The Court has considered all of the arguments ra ised by the parties. To the extent not specifically addressed above, the arguments are either moot or without merit. The petitioners motion to set aside, vacate, or correct the sentence pursuant to 28 U.S.C. 2255 is denied. The Court would give prom pt and sympathetic consideration to any motion for compassionate release filed by the BOP, but it is for the BOP to make that motion in the first instance. The Clerk is directed to enter judgment dismissing No. 13 Civ. 5279 (JGK) and to close all pending motions. (Signed by Judge John G. Koeltl on 8/9/2013) (rsh)

Date Filed

Document Text

September 9, 2013

Filing 21 MEMORANDUM OPINION AND ORDER re: #103543 16 MOTION to Alter Judgment filed by Lynne Stewart.If the petitioner objects to any subsequent decision of the Bureau of Prisons, she should challenge any such decision, rather than simply keeping the presen t proceeding open to challenge decisions that have not yet been issued. The application pursuant to Rules 59(e) and 60(b) is therefore denied. (Signed by Judge John G. Koeltl on 9/7/2013) (tro); [*** NOTE: Also docketed in related Criminal Case 02-cr-395(JGK), see Doc.#1079. ***] Modified on 9/9/2013 (bw). Modified on 9/9/2013 (sdi).

August 9, 2013

Filing 12 AMENDED OPINION AND ORDER: The petitioner, Lynne Stewart, seeks an order pursuant to 28 U.S.C. 2255 and 18 U.S.C. 3582 reducing her sentence to time-served, or in the alternative, granting her immediate release on conditions consistent with her medi cal needs. The petitioner has been diagnosed with metastatic breast cancer. The Bureau of Prisons (BOP) denied a recent application for compassionate release, but subsequently, within the past three weeks, the petitioners current treating oncologist has given the petitioner a prognosis of less than 18 months to live. On August 7, 2013, the petitioner submitted a renewed application for compassionate release to the BOP, which is currently pending. The Court has considered all of the arguments ra ised by the parties. To the extent not specifically addressed above, the arguments are either moot or without merit. The petitioners motion to set aside, vacate, or correct the sentence pursuant to 28 U.S.C. 2255 is denied. The Court would give prom pt and sympathetic consideration to any motion for compassionate release filed by the BOP, but it is for the BOP to make that motion in the first instance. The Clerk is directed to enter judgment dismissing No. 13 Civ. 5279 (JGK) and to close all pending motions. (Signed by Judge John G. Koeltl on 8/9/2013) (rsh)

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Respondent: USA
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Petitioner: Lynne Stewart
Represented By:	Robert J. Boyle
Represented By:	Jill R. Shellow
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