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United States v. Rollins

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


July 29, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JAMES E. ROLLINS, SR., DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

Pursuant to a Mandate (Doc. 745) issued by the United States Court of Appeals for the Seventh Circuit, the Court's judgment as to defendant James E. Rollins, Sr., has been vacated and this case hereby remanded for proceedings consistent with the appellate court's opinion. In accordance with the Seventh Circuit's opinion, therefore, the Court hereby allows Defendant the option of choosing whether he would prefer his Motion for New Trial (Doc. 684), filed pursuant to F EDERAL R ULE OF C RIMINAL P ROCEDURE 33 : (1) be treated by this Court as a petition pursuant to 28 U.S.C. § 2255,*fn1 or (2) be dismissed so that Defendant may file an actual § 2255 petition under a new civil case number.*fn2

Defendant is hereby ORDERED to file a memorandum with this Court in this case, stating which option he elects. The Court advises Defendant that should he elect for the Court to treat his Motion (Doc. 684) as a § 2255 petition, and if he files any additional § 2255 petitions in the future, they may very well be subject to dismissal as a "second or successive" motion unless he seeks and receives the permission of the Seventh Circuit Court of Appeals to proceed with such petitions. See 28 U.S.C. § 2255(h). Defendant shall file said memorandum by Friday, August 27, 2010.

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court


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