Ct. of Appeals dismissed defendant’s pro se appeal of Dist. Ct. order that partially granted and denied defendant’s habeas petition that challenged his 322-month sentence on federal gun and drug charges, where: (1) Dist. Ct. had granted portion of habeas petition that awarded defendant new sentencing hearing based on claim that Dist. Ct. had improperly enhanced his sentence based on state conviction that was later vacated; and (2) new sentencing hearing was sole relief that defendant had sought in habeas petition. As such, defendant could not appeal Dist. Ct.’s order on failed argument where defendant had received full relief on said petition. Moreover, while defendant received new sentencing hearing that resulted in 248-month sentence (from which defendant had filed subsequent appeal), defendant was entitled to third sentencing hearing, where both parties failed to present all their arguments at second sentencing hearing due to pendency of instant appeal.
Federal 7th Circuit Court
Criminal Court
Habeas Corpus