United States District Court, N.D. Illinois
July 1, 2004.
The opinion of the court was delivered by: PHILIP REINHARD, District Judge
MEMORANDUM OPINION AND ORDER
Deetreca Faye Malone, a federal prisoner, has filed pro se
a "motion" which seeks a "sentence reduction" because her trial
attorney failed to advise her of a four-level increase in her
sentence based on U.S.S.G. 2K2.1(b)(5).
While not expressly identified as such, the court considers the
motion to be the functional equivalent of a motion brought under
28 U.S.C. § 2255. See Carter v. United States, 312 F.3d 832
(7th Cir. 2002). Thus, the court hereby informs Malone of its
intent to characterize the motion as one under section 2255,
warns Malone that the characterization will subject any
subsequent section 2255 motion to the restrictions applicable to
second or successive section 2255 motions (see 28 U.S.C. § 2255
par. 8), and provides Malone the opportunity to either withdraw
or amend the motion. See Williams v. United States,
366 F.3d 438, 439 (7th Cir. 2004), citing Castro v. United States,
124 S.Ct. 786 (2003). Should Malone decide to withdraw or amend
the motion, she has 30 days from the date of this order to do so
by filing a notice of withdrawal or an amended motion.
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