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- ilnd;;1:19-cv-03213_de6 RegisterActionDate "2019-05-22" @default.
- ilnd;;1:19-cv-03213_de6 RegisterActionDescriptionText "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. 340AC2E was sentenced in case number 12 CR 1005 on May 31, 2016, and judgment was entered in June 2016. 340AC2E 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 340AC2E. 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). 340AC2E 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 340AC2E 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, ) (Entered: 05/22/2019)" @default.
- ilnd;;1:19-cv-03213_de6 AdministrativeID "7" @default.
- ilnd;;1:19-cv-03213_de6 hasReferenceToOtherEntry ilnd;;1:19-cv-03213_de0 @default.
- ilnd;;1:19-cv-03213_de6 hasReferenceToOtherEntry ilnd;;1:19-cv-03213_de2 @default.
- ilnd;;1:19-cv-03213_de6 hasReferenceToOtherEntry ilnd;;1:19-cv-03213_de4 @default.