Case: United States v. Osageide

Osageide v. United States

Osageide v. United States

U.S. Court of Appeals for the Seventh Circuit

MOTION to Vacate, Set Aside or Correct Sentence (2255) and one copy filed by Johnbull Osageide (hp, ) (Entered: 04/27/2006)

CIVIL Cover Sheet (hp, ) (Entered: 04/27/2006)

AFFIDAVIT of Johnbull Osageide re 1 (hp, ) (Entered: 04/27/2006)

POST MARKED envelope for initiating document by Johnbull Osageide (aew, ) (Postmarked date not legible,institution mailroom 04/21/06) Modified on 4/28/2010 (Hill, C., ). (Entered: 04/27/2006)

DESIGNATION of Manish S. Shah as U.S. Attorney for Plaintiff United States of America (hp, ) (Entered: 05/10/2006)

MINUTE entry before Judge Charles P. Kocoras : Status hearing set for 5/30/2006 at 09:30 AM. Mailed notice (sct, ) (Entered: 05/11/2006)

MINUTE entry before Judge Charles P. Kocoras : Status hearing held on 5/30/2006. Government's response to defendant's motion 1 to vacate, is due 9/7/2006. Defendant is given to 10/10/2006 to file reply. The Court will rule by mail. Mailed notice (sct, ) (Entered: 05/30/2006)

RESPONSE by Plaintiff United States of America to motion to vacate/set aside/correct sentence (2255) 1 (Attachments: # 1 Exhibit A - Plea Agreement# 2 Exhibit B - Transcript of Plea Colloquy# 3 Exhibit C - Excerpt of Transcript of Sentencing Hearing# 4 Exhibit D - Consular Notification, Fax Cover and Fax Confirmation)(Shah, Manish) (Entered: 09/07/2006)

MOTION by Defendant Johnbull Osageide for a 45 days extension of time to respond to the government's reply to petitioner's motion pursuant to 28 U.S.C. Section 2255 8 (hp, ) (Entered: 10/05/2006)

MINUTE entry before Judge Charles P. Kocoras : Defendant's motion 9 for an extension of time is granted. Defendant is given to 11/27/2006 to respond to the Government's response to his motion pursuant to Title 28, United States Code, Section 2255. No further extensions. The Court will rule by mail. Mailed notice (sct, ) (Entered: 10/05/2006)

REPLY by Defendant/Petitioner Johnbull Osageide to the Government's Response to his motion pursuant to 28 U.S.C. Section 2255 8 (hp, ) (Entered: 11/21/2006)

MINUTE entry before Judge Charles P. Kocoras : ENTER MEMORANDUM OPINION: Osageide's motion to vacate, correct, or set aside his sentence is denied. Osageide to take nothing. All matters in controversy having been resolved, final judgment is entered in favor of United States of America and against Johnbull Osageide. [ For further detail see separate order(s).] Civil case terminated. Mailed notice (hp, ) (Entered: 12/14/2006)

MEMORANDUM Opinion Signed by Judge Charles P. Kocoras on 12/13/2006:Mailed notice(hp, ) (Entered: 12/14/2006)

ENTERED JUDGMENT on 12/13/2006:Mailed notice(hp, ) (Entered: 12/14/2006)

NOTICE of appeal by Johnbull Osageide regarding orders 14, 13 ; (Fee Due) (dj, ) (Entered: 01/05/2007)

MOTION by Defendant Johnbull Osageide for certificate of appealability (dj, ) (Entered: 01/05/2007)

POST MARKED envelope for notice of appeal by Johnbull Osageide (aew, ) (Envelope postmarked 12/28/06) Modified on 4/28/2010 (Hill, C., ). (Entered: 01/08/2007)

TRANSMITTED to the 7th Circuit the short record on 1/5/07 notice of appeal 15 . Notified counsel (dj, ) (Entered: 01/05/2007)

MINUTE entry before Judge Charles P. Kocoras : Osageide's motion for certificate of appealability 16 is denied. (For further details see text below.) Mailed notice (hp, ) (Entered: 01/16/2007)

TRANSMITTED to the USCA for the 7th Circuit the long record on appeal 15 consisting of 1 volume of pleadings. (dj, ) (Entered: 01/17/2007)

USCA RECEIVED on 1/17/07 the long record on appeal. (dj, ) (Entered: 01/19/2007)

ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal 15 ; USCA Case No. 07-1131 (hp, ) (Entered: 01/19/2007)

CIRCUIT Rule 3(b) Notice to Johnbull Osgeide dated 1/17/2007 (hp, ) (Entered: 01/19/2007)

MOTION by Defendant Johnbull Osageide to proceed on appeal in forma pauperis. (las, ) (Entered: 02/16/2007)

APPLICATION by Defendant Johnbull Osageide to proceed without prepayment of fees and affidavit (las, ) (Entered: 02/16/2007)

MINUTE entry before Judge Charles P. Kocoras : The petition (Doc 156 in 02 CR 699) for leave to appeal in forma pauperis is denied without prejudice to the refiling of a renewed petition containing all necessary information. A current copy of Form 4 of the Appendix of Forms to the Federal Rules of Appellate Procedure is included with this order. In addition, we note that Osageide filed his petition under the case number for his criminal case, 02 C 699-3, rather than the civil case number corresponding to his Section 2255 motion, 06 C 2307. All filing pertaining to a Section 2255 motion must be filed under the civil case number. The Clerk of the Court is directed to terminate the motion (Doc 156) from the docket of case 02 CR 699 and place it instead on the docket for case 06 C 2307. For further detail see order. Mailed notice (las, ) (Entered: 02/16/2007)

MAILED out copy of order dated 2/16/07 and Affidavit accompanying motion for permission to appeal in forma pauperis. (las, )

LETTER from the USCA retaining the record on appeal in USCA no. 07-1131 ; The record that was filed with this court in this cause will be returned at a later date. (rp, ) (Entered: 02/22/2007)

CIRCUIT Rule 3(b) Dismissal (rp, ) (Entered: 02/22/2007)

MANDATE of USCA dated 2/16/2007 regarding notice of appeal 15 ; USCA No. 07-1131. (rp, ) (Entered: 02/22/2007)

CIRCUIT Rule 3(b) Notice to Johnball Osageide dated 02/20/2007 (hp, ) (Entered: 02/26/2007)

CERTIFIED copy of order dated 02/20/2007 from the Seventh Circuit regarding notice of appeal 15 ; Appellate case no. : 07-1131. The court, on its own motion, vacates its 02/16/2007 final order as erroneously issued. The pro se appellant had filed a motion to proceed on appeal in forma pauperis in the district court. It Is Ordered that the mandate is Recalled. (For further detail see order.) (hp, ) (Entered: 02/26/2007)

CERTIFIED copy of order dated 4/30/2007 from the U.S. Court of Appeals, Seventh Circuit regarding notice of appeal 15 ; Appellate case no. : 07-1131. Accordingly, the request for a certificate of appealability is granted. Osageide's motion to proceed in forma pauperis is also granted. This court on it's own motion appoints counsel. (jmp, ) (Entered: 05/04/2007)

COPY of order dated 6/21/07 from the Seventh Circuit regarding notice of appeal 15 ; Appellate case no. : 07-1131. (rbf, ) (Entered: 06/26/2007)

MOTION by Plaintiff United States of America to supplement the Record on Appeal (Chang, Edmond) (Entered: 12/14/2007)

NOTICE of Motion by Edmond E. Chang for presentment of motion to supplement 34 before Honorable Charles P. Kocoras on 12/18/2007 at 09:30 AM. (Chang, Edmond) (Entered: 12/14/2007)

MINUTE entry before Judge Charles P. Kocoras :Government's motion 34 to supplement the record on appeal is granted. The Clerk of Court is directed to supplement the record in appeal USCA No. 07-1131 with the sentencing transcript in 02 CR 699, which is docketed as entry number 166 in 02 CR 699. Hearing on said motion to supplement the record, set for 12/18/2007, is stricken. Mailed notice (sct, ) (Entered: 12/17/2007)

TRANSMITTED to the USCA for the 7th Circuit supplemental record on appeal 15 (USCA no. 07-1131) consisting of Transcript of proceedings held before the Honorable Charles P. Kocoras on 5/17/05. This transcript was originally filed as document number 166 in case number 02cr699. This transcript is being supplemented pursuant to docket entry number 36 in case number 06cv2307. (rbf, ) (Entered: 12/20/2007)

USCA RECEIVED on 12/20/07 the supplemental record on appeal. (rbf, ) (Entered: 12/20/2007)

LETTER from the Seventh Circuit returning the record on appeal in USCA no. 07-1131 consisting of one volume of pleadings and one volume of transcripts. (td, ) (Entered: 12/02/2008)

CERTIFIED copy of order dated 11/26/2008 from the Seventh Circuit regarding notice of appeal 15 ; Appellate case no. : 07-1131. It is ordered that the mandate of this court shall issue forthwith. (td, ) (Entered: 12/02/2008)

MANDATE of USCA dated 9/9/2008 regarding notice of appeal 15 ; USCA No. 07-1131. The judgment of the District Court is vacated and the case is remanded for further proceedings in accord with the opinion. The above is in accordance with the decision of this court entered on this date. (td, ) (Entered: 12/02/2008)

OPINION from the USCA for the 7th Circuit; Argued 4/1/2008; Decided 9/9/2008 in USCA case no. 07-1131. (td, ) (Entered: 12/02/2008)

MINUTE entry before the Honorable Charles P. Kocoras: Status hearing set for 12/18/2008 at 09:30 AM.Mailed notice (sct, ) (Entered: 12/02/2008)

MINUTE entry before the Honorable Charles P. Kocoras:Status hearing is reset from 12/18/2008 to 12/17/2008 at 9:30 a.m.Mailed notice (sct, ) (Entered: 12/04/2008)

ATTORNEY Appearance for Defendant Johnbull Osageide by Gregory S. Bailey (Bailey, Gregory) (Entered: 12/16/2008)

MINUTE entry before the Honorable Charles P. Kocoras:Status hearing held on 12/17/2008. Status hearing set for 1/29/2009 at 9:30 a.m.Mailed notice (sct, ) (Entered: 12/17/2008)

PROPOSED Protocol For Addressing Issues On Remand by Johnbull Osageide (Bailey, Gregory) Modified on 1/8/2009 (td, ). (Entered: 01/07/2009)

MINUTE entry before the Honorable Charles P. Kocoras:Status hearing held on 1/29/2009. Defendant is given leave to file an "Expanded Record in Support of Petitioner's Section 2255 Petition" by 2/26/2009. Status hearing set for 3/5/2009 at 9:30 a.m.Mailed notice (sct, ) (Entered: 01/29/2009)

Expanded Record in Support of Petitioner's Section 2255 Petition by Johnbull Osageide (Bailey, Gregory) (Entered: 02/26/2009)

DECLARATION of Gregory S. Bailey regarding other 49 Expanded Record in Support of Petitioner's Section 2255 Petition (Attachments: # 1 Exhibit 1)(Bailey, Gregory) (Entered: 02/26/2009)

MINUTE entry before the Honorable Charles P. Kocoras:Status hearing held on 3/5/2009. Government is given to 4/1/2009 to respond to defendant's latest filings. Ruling set for 4/15/2009 at 9:30 a.m.Mailed notice (sct, ) (Entered: 03/05/2009)

RESPONSE by Plaintiff United States of America to other 49 Expanded Record re Section 2255 Petition (Shah, Manish) (Entered: 04/01/2009)

MINUTE entry before the Honorable Charles P. Kocoras:Status hearing held on 4/15/2009. As discussed in open court, a hearing will be necessary. Status hearing set for 5/13/2009 at 9:30 a.m. Mailed notice (sct, ) (Entered: 04/15/2009)

MINUTE entry before the Honorable Charles P. Kocoras:Status hearing is reset from 5/13/2009 to 6/16/2009 at 9:30 a.m.Mailed notice (sct, ) (Entered: 05/07/2009)

NOTICE by Gregory S. Bailey of Change of Address for counsel for Defendant Johnbull Osageide (Bailey, Gregory) (Entered: 06/04/2009)

MINUTE entry before the Honorable Charles P. Kocoras:Status hearing held on 6/16/2009. Evidentiary hearing set for 8/13/2009 at 10:30 a.m.Mailed notice (sct, ) (Entered: 06/16/2009)

MINUTE entry before the Honorable Charles P. Kocoras: Status hearing set for 7/15/2009 at 09:30 AM.Telephone notice (sct, ) (Entered: 07/14/2009)

MINUTE entry before the Honorable Charles P. Kocoras:Status hearing held on 7/15/2009. Parties agree that an evidentiary hearing is not necessary. Said hearing, set for 8/13/2009, is stricken. Defendant is given to 8/5/2009 to file his brief in support of his position. Government is given to 8/19/2009 to respond. Ruling set for 9/10/2009 at 9:30 a.m. Mailed notice (sct, ) (Entered: 07/15/2009)

MEMORANDUM motion to vacate/set aside/correct sentence (2255) 1 by Johnbull Osageide Memorandum in Support of Petitioner's Motion to Vacate, Set Aside or Correct Sentence Pursuant to 28 U.S.C. Section 2255 (Bailey, Gregory) (Entered: 08/05/2009)

DECLARATION of Gregory S. Bailey regarding memorandum 59 in Support of Petitioner's Motion to Vacate, Set Aside or Correct Sentence Pursuant to 28 U.S.C. Section 2255 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit 1 to Exhibit C, # 5 Exhibit 2 to Exhibit C, # 6 Exhibit 3 to Exhibit C, # 7 Exhibit 4 to Exhibit C, # 8 Exhibit D)(Bailey, Gregory) (Entered: 08/05/2009)

NOTICE by Johnbull Osageide of the Conventional Filing of two compact discs as Exhibits 3 and 4 to Exhibit C to the Declaration of Gregory S. Bailey in Support of the Memoranum in Support of Petitioner's Motion to Vacate, Set Aside, or Correct Sentence Pusuant to 28 U.S.C. Section 2255 (Bailey, Gregory) (Entered: 08/05/2009)

EXHIBITS 3 and 4 of Exhibit C to the Declaration of Gregory S. Bailey 60 by Defendant Johnbull Osageide. (DOCUMENT NOT IMAGED) (td, ) (Entered: 08/06/2009)

RESPONSE by Plaintiff United States of America to memorandum 59 (Attachments: # 1 Exhibit A, Declaration of Kenyatta Tatum)(Shah, Manish) (Entered: 08/19/2009)

MOTION by Defendant Johnbull Osageide for Limited Discovery and Other Relief (Bailey, Gregory) (Entered: 08/21/2009)

NOTICE of Motion by Gregory S. Bailey for presentment of motion for miscellaneous relief 64 before Honorable Charles P. Kocoras on 8/25/2009 at 09:30 AM. (Bailey, Gregory) (Entered: 08/21/2009)

MINUTE entry before the Honorable Charles P. Kocoras:Motion hearing held on 8/25/2009. Defendant's motion (Doc 64 ) for limited discovery is denied as discussed in open court. Mailed notice (sct, ) (Entered: 08/25/2009)

MINUTE entry before the Honorable Charles P. Kocoras: Ruling on Motion hearing called on 9/10/2009. Ruling will be by mail at a later date. Mailed notice by judge's staff. (srb,) (Entered: 09/10/2009)

MINUTE entry before the Honorable Charles P. Kocoras:Evidentiary hearing set for 11/10/2009 at 10:30 a.m.Mailed notice (sct, ) (Entered: 10/15/2009)

ATTORNEY Appearance for Defendant Johnbull Osageide by Laura D Cullison (Cullison, Laura) (Entered: 11/10/2009)

ATTORNEY Appearance for Defendant Johnbull Osageide by Jennifer Elise Plaster Mullin (Mullin, Jennifer) (Entered: 11/10/2009)

ATTORNEY Appearance for Defendant Johnbull Osageide by Patrick M Crook (Crook, Patrick) (Entered: 11/10/2009)

MINUTE entry before the Honorable Charles P. Kocoras:Evidentiary hearing held on 11/10/2009. Defendant is given leave to file reply in support of his position. Government is given to 11/30/2009 to file surreply. The Court will rule by mail. Evidentiary hearing ends. Mailed notice (sct, ) (Entered: 11/10/2009)

TRANSCRIPT OF PROCEEDINGS held on November 10, 2009 before the Honorable Charles P. Kocoras. Court Reporter Contact Information: Carolyn Cox, 312-435-5639, Carolyn_Cox@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/11/2009. Redacted Transcript Deadline set for 12/21/2009. Release of Transcript Restriction set for 2/18/2010. (Cox, Carolyn) (Entered: 11/20/2009)

REPLY by Defendant Johnbull Osageide to memorandum 59, motion to vacate/set aside/correct sentence (2255) 1 (Attachments: # 1 Exhibit A)(Bailey, Gregory) (Entered: 11/20/2009)

SUR-REPLY by Plaintiff United States of America to Petitioner's motion to vacate sentence pursuant to 28 U.S.C. Section 2255 74 (Shah, Manish) Modified on 12/1/2009 (td, ). (Entered: 11/30/2009)

MINUTE entry before the Honorable Charles P. Kocoras:ENTER FINDINGS OF FACT AND CONCLUSIONS OF LAW: Defendant's motion to vacate the sentence pursuant to 28 U.S.C. § 2255 is denied. (For further details see separate order.) Civil case terminated. Mailed notice (sct, ) (Entered: 12/11/2009)

FINDINGS OF FACT AND CONCLUSIONS OF LAW signed by the Honorable Charles P. Kocoras on 12/11/2009.Mailed notice(sct, ) (Entered: 12/11/2009)

ENTERED JUDGMENT on 12/11/2009.Mailed notice(sct, ) (Entered: 12/11/2009)