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- ilcd;;2:16-cr-20032_de58 RegisterActionDate "2019-07-02" @default.
- ilcd;;2:16-cr-20032_de58 RegisterActionDescriptionText "TEXT ORDER as to DEFENDANT 5F710FD: Defendant 5F710FD, has filed a Motion for New Trial 40 . In the filing, Defendant claims that he is entitled to a new trial because ex parte communications between United States District Judge Colin Bruce and the Government in other cases establish that Judge Bruce was biased against him, bias that violated Defendant's rights under the Due Process Clause of the U.S. Constitution. Defendant asserts that his filing is authorized by Rule 33 of the Federal Rules of Criminal Procedure, but Defendant is mistaken. Rule 33 "deals with contentions that evidence discovered after trial shows that the accused is innocent." United States v. Rollins, 607 F.3d 500, 504 (7th Cir. 2010). But Defendant bases his request for a new trial on what he claims is newly discovered evidence of judicial bias, not innocence. Even if Rule 33 did apply, Defendant would not be entitled to relief, as Defendant pleaded guilty instead of proceeding to trial. United States v. Ramnarace, 39 F. App'x 402, 404 (7th Cir. 2002) ("Because Ramnarace pleaded guilty, Rule 33 is unavailable to him...."). For these reasons, the Court hereby gives notice that it intends to convert Defendant's filing into a motion for a writ of habeas corpus under 28 U.S.C. § 2255. See Melton v. United States, 359 F.3d 855, 857 (7th Cir. 2004) ("Any motion filed in the district court that imposed the sentence, and substantively within the scope of § 2255 1, is a motion under § 2255, no matter what title the prisoner plasters on the cover."). The Court hereby warns Defendant that this recharacterization would mean that any subsequently filed § 2255 motion would be subject to the limitations on second or successive motions set forth in 28 U.S.C. § 2255(h). Defendant has until Monday, July, 29, 2019, to (1) object to the proposed recharacterization, (2) withdraw the filing, or (3) amend the filing. If Defendant does not respond in the allotted time, the Court will STRIKE the filing and direct the Clerk to file it in a new civil case as a § 2255 motion. The Clerk is DIRECTED to send Defendant a § 2255 packet. Entered by Judge Sue E. Myerscough on 07/01/2019. (DM, ilcd) (Entered: 07/02/2019)" @default.
- ilcd;;2:16-cr-20032_de58 AdministrativeID "None" @default.
- ilcd;;2:16-cr-20032_de58 hasJudgeReference SJ001499 @default.
- ilcd;;2:16-cr-20032_de58 hasJudgeReference SJ001511 @default.
- ilcd;;2:16-cr-20032_de58 hasReferenceToOtherEntry ilcd;;2:16-cr-20032_de57 @default.