The opinion of the court was delivered by: Michael P. McCUSKEY Chief U.S. District Judge
Wednesday, 08 June, 2011 03:17:27 PM Clerk, U.S. District Court, ILCD
On May 5, 2010, a Motion under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence (#1) was filed on behalf of Ezra C. Martin by his co-defendant in his criminal case, Larry Wilson. The Government filed a Response (#5) and argued that the Motion must be dismissed because Larry Wilson is not an attorney and is not authorized to file pleadings on behalf of Ezra Martin. This court agrees with the Government. Accordingly, the Motion to Vacate, Set Aside or Correct Sentence (#1) filed by Larry Wilson is dismissed.
PROCEEDINGS IN CRIMINAL CASE
On August 21, 2007, in Case No. 07-CR-20090, Larry D. Wilson and Ezra C. Martin were charged by indictment with the offense of bank robbery. Both Wilson and Martin were also charged with firearm offenses. The proceedings in this case were long and tortuous, to a large degree because of the problems both Wilson and Martin had with their appointed counsel and their penchant for filing pro se letters and motions with this court.
The record shows that counsel was appointed to represent Wilson on August 6, 2007. Wilson made several pro se filings with this court and his appointed counsel was allowed to withdraw on November 13, 2007. Wilson represented himself for a short period of time, and stand-by counsel was appointed for him on December 4, 2007. On January 9, 2008, the attorney appointed to represent him as standby counsel was appointed to represent him as lead counsel. Also on January 9, 2008, this court granted the Government's Motion to Sever, based upon statements made by Martin following his arrest which also implicated Wilson. On March 3, 2008, Wilson pled guilty to all three charges against him based upon a written plea agreement. Although he was represented by appointed counsel, Wilson filed pro se objections to the presentence investigation report prior to sentencing. A sentencing hearing was held on May 8, 2008, and Wilson was sentenced to a term of 264 months in the Federal Bureau of Prisons (BOP).*fn1
Counsel was appointed to represent Martin on August 6, 2007. On April 14, 2008, Martin's appointed counsel was allowed to withdraw and new counsel was appointed to represent him. On August 18, 2008, a jury trial commenced. On August 20, 2008, Martin was found guilty of all three charges against him. On February 12, 2009, a sentencing hearing was held and Martin was sentenced to a term of 130 months in the BOP. Martin filed a Notice of Appeal but dismissed his appeal in March 2009.
The record shows that both Wilson and Martin filed numerous letters and pro se motions with this court throughout the proceedings. On at least one occasion, Wilson attempted to file documents on behalf of Martin. This attempt was unsuccessful and the documents were stricken by this court. However, the record clearly shows that Martin was entirely capable of sending letters to this court and filing motions on his own behalf.
PROCEEDINGS UNDER SECTION 2255
On May 6, 2010, a Motion under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence (#1) was filed in this case. The Motion stated that two issues were raised: (1) that Martin was denied the effective assistance of counsel; and (2) malicious prosecution. The Motion was signed by "Larry D. Wilson/Inmate Assistant" and was also signed by Martin. A Memorandum in Support (#2) was also filed. In the Memorandum, Wilson stated that he "practiced as a jailhouse lawyer for many years during a previous term of federal incarceration." The Memorandum was signed "Ezra C. Martin by Larry Wilson." Along with the Motion and Memorandum, Wilson sent a letter (#3) to the clerk of the court stating that he was sending an authorization from Martin. The attached authorization was signed by Martin and stated that he gave Wilson his "approval and authorization to prepare and file with the United States District Court/Central District of Illinois, at Urbana my motion under 28 U.S.C. 2255 to vacate, correct, or set aside my conviction and sentence" and "any and all pleadings for the resolution thereof."
On June 1, 2010, the Government filed a Response (#5). The Government stated that Wilson is not an attorney and is not authorized to file pleadings on behalf of Martin, citing Rule 83.5(G) of the Local Rules of the Central District of Illinois. On July 6, 2010, Wilson filed a Response (#6) which can only be characterized as a diatribe against the assistant U.S. Attorney handling the case. Wilson's Response included a threat to sue the assistant U.S. Attorney if this court dismissed the Motion under § 2255. On July 29, 2010, Martin filed a letter to this court which stated that he asked Wilson to help him and gave him permission to mail the 2255 ...