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MARTIN v. U.S.

December 12, 2001

MICHAEL R. MARTIN, PETITIONER,
V.
UNITED STATES OF AMERICA, RESPONDENT.



The opinion of the court was delivered by: Richard Mills, U.S. District Judge:

OPINION

MSI and Michael R. Martin.

The final chapter.

I. BACKGROUND*fn1

On August 16, 1997, a jury found Petitioner guilty of sixteen counts of mail fraud (18 U.S.C. § 1341) and guilty of one count of bribery 18 U.S.C. § 666(a)(1)(B)). On June 22, 1998, the Court sentenced Petitioner to 70 months of imprisonment and ordered him to pay restitution, along with his co-Defendant, in the amount of $12,300,00.00 to the Illinois Department of Public Aid. On appeal, the United States Court of Appeals for the Seventh Circuit affirmed Petitioner's convictions but reversed Petitioner's sentence regarding the amount of restitution imposed. United States v. Martin, 195 F.3d 961 (7th Cir. 1999), cert. denied 530 U.S. 1263 (2000). Accordingly, the Seventh Circuit remanded the matter back to this Court to re-calculate the amount of restitution owed by Petitioner. Id. at 970.
After considering the Seventh Circuit's opinion and the arguments of the parties, the Court ordered Petitioner to pay restitution in the amount of $171,768.01. United States v. Martin, 109 F. Supp.2d 970 (C.D.Ill. 2000). Thereafter, the Government, Petitioner, and Petitioner's co-Defendant filed timely notices of appeal. However, on January 12, 2001, the Seventh Circuit dismissed the parties' appeals pursuant to their requests and pursuant to Federal Rule of Appellate Procedure 42(b).

II. PETITIONER'S CLAIMS

Petitioner has now filed the instant petition pursuant to 28 U.S.C. § 2255 asking the Court to vacate, set aside, or correct his sentence. Therein, Petitioner asserts that his due process rights were violated during his sentencing hearing. Specifically, Petitioner argues that his incarceration is constitutionally infirm because his imprisonment was, and continues to be, based upon an incorrect determination of the amount of loss at issue in this case, i.e., an amount of loss which was tied to the amount of restitution originally imposed but later substantially reduced by the Court upon remand.
Petitioner contends that there is a correlation between the amount of loss for purposes of calculating a defendant's adjusted offense level under U.S.S.G. § 2F1.1 and the amount of restitution imposed pursuant to the Mandatory Victims Restitution Act. 18 U.S.C. § 3663A. Because the Court substantially reduced the amount of restitution owed by him, Petitioner claims that the Court should equally reduce the amount of loss attributable to him which, in turn, would reduce his adjusted offense level by eight levels, making his applicable sentencing guideline range 30-37 months rather than the 70-87 months as previously found by the Court. To do otherwise, Petitioner argues, would deny him his due process right to be sentenced upon reliable information, would be fundamentally unfair, and would constitute a miscarriage of justice.

III. GOVERNMENT'S ANSWER

The Government argues that Petitioner's petition should be denied for three reasons. First, the Government asserts that this issue has been previously decided by the Seventh Circuit and by this Court against Petitioner. Thus, the Government contends that the Court should reject Petitioner's claim because there are no changed circumstances which would require the Court to revisit this issue and because the law of the case doctrine dictates that result.
Second, the Government argues that the Court should deny Petitioner's § 2255 petition because he has failed to establish cause for his failure to raise the issue at the appropriate time on direct appeal. Third, the Government claims that Petitioner has failed to establish prejudice. Accordingly, the Government asks the Court to deny Petitioner's § 2255 petition.

IV. ANALYSIS

Upon review of the pleadings and all of the exhibits, the Court concludes that an evidentiary hearing is not required. Accordingly, pursuant to Rule 8 of the Rules Governing ยง 2255 cases, the Court will dispose of ...

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