Dist. Ct. did not err in dismissing defendant’s habeas petition seeking his immediate release from custody that arose out of state-court conviction on armed robbery and unlawful restraint charges, as well as his natural life sentence, under circumstances where defendant had successfully obtained habeas relief in prior habeas petition that directed govt. to re-offer defendant plea agreement on said charges that called for 15-to-30-year sentence, and where govt. had re-offered and defendant had accepted said plea, yet state trial court rejected said plea agreement based on defendant’s extensive criminal history. Once govt. had re-offered its proposed plea agreement, directives arising out of original habeas petition had been complied with, and Dist. Ct. thereafter lost jurisdiction of instant matter. Moreover, correctness of state trial court’s rejection of plea agreement was matter of state law that is currently pending on state-court appeal. As such, dismissal of instant habeas petition was appropriate because defendant received all relief that he requested in original habeas petition, and he may file another habeas petition regarding rejection of plea agreement only at end of state appellate process.
Federal 7th Circuit Court
Criminal Court
Habeas Corpus