United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL CHIEF U.S. DISTRICT JUDGE
matter is before the Court on the Motion to Reduce Sentence
under the First Step Act of 2018 filed by Defendant Timothy
Edwards, as well as two motions to compel discovery and a
motion for clarification (Docs. 269, 272, 273, 280). Also
pending before the Court is the Motion to Withdraw filed by
the Federal Public Defender appointed in this matter (Doc.
276). For the reasons set forth below, Edwards's motions
are denied, and the motion to withdraw is granted.
11, 2016, Edwards pleaded guilty to conspiracy to distribute
and possess with intent to distribute cocaine and marijuana
(Count 1), making a false statement to a federal law
enforcement officer (Count 2), and maintaining drug-involved
premises (Count 3) (Doc. 132). He was sentenced by
now-retired District Judge David R. Herndonto 84 months'
imprisonment on Counts 1 and 3, and 60 months on Count 2, to
be served concurrently (Doc. 174).
filed a direct appeal of his conviction, which was dismissed
by the Seventh Circuit Court of Appeals as untimely (Doc.
219). On August 17, 2018, Edwards filed a motion for new
trial, which was denied by Judge Herndon (Docs. 222, 232).
Edwards then appealed that order on October 22, 2018 (Doc.
234), before filing a motion to withdraw his guilty plea on
November 16, 2018 (Doc. 240). Judge Herndon denied the motion
to withdraw Edwards's guilty plea for lack of
jurisdiction (Doc. 241), because the case was then on appeal.
Edwards appealed that order as well (Doc. 242). The Seventh
Circuit Court of Appeals consolidated Edwards's appeals
for purposes of briefing and disposition. United States
v. Edwards, No. 18-3548 (7th Cir. Nov. 30, 2018).
April 5, 2019, while his consolidated appeal was still
pending, Edwards filed a Motion for Immediate Release on Bond
Pending Appeal (Doc. 250). The Court denied Edwards's
motion on April 26, 2019, finding that his appeal of the
district court's denial of his motion for new trial and
motion to withdraw guilty plea did not raise a substantial
question of law or fact and was not likely to result in
reversal or a new trial on all counts (Doc. 254). Thus, he
was not entitled to be released on bond while the appeal was
April 26, 2019, Edwards filed a letter asking, in part, that
he be resentenced under the First Step Act (Doc. 253).
Edwards stated that he was a first-time, non-violent
offender, his mother is ill, and he is more than 500 miles
away from his daughters and fiancé. Accordingly, he
asked that the Court grant his 404(b) motion. On May 1, the
Court denied Edwards's request for lack of jurisdiction
due to his pending appeal (Doc. 255). The following day, May
2, 2019, the Seventh Circuit Court of Appeals issued a
non-precedential opinion affirming the district court's
disposition of Edwards's motion for new trial and motion
to withdraw his guilty plea. United States v.
Edwards, Nos. 18-3254 & 18-3548, 2019 WL 1964609, at
*1 (7th Cir. May 2, 2019).
6, 2019, Edwards again filed a Notice of Appeal (Doc. 257),
this time with regard to the Court's denial of his Motion
for Release from Custody Pending Appeal (Doc. 254) and the
denial of his request for resentencing under the First Step
Act for lack of jurisdiction due to his then-pending appeal
(Doc. 255). The Court of Appeals dismissed that appeal as
moot on May 17, 2019 (Doc. 270-2).
Motion for Clarification of Dismissal for Lack of
has filed a motion asking the Court to review the timeline in
which his initial First Step Act motion was denied for lack
of jurisdiction (Doc. 269). He argues that the Court erred
when it said it lacked jurisdiction because he received a
Notice of Dismissal of his appeal on May 2, 2019.
Court denied Edwards's initial First Step Act motion for
lack of jurisdiction on May 1, 2019, while his appeal was
still pending. Therefore, the Court rightly dismissed the
motion for lack of jurisdiction. See United States v.
Rincon, 477 Fed.Appx. 391, 393 (7th Cir. 2012) (citing
United States v. McHugh, 528 F.3d 538, 540 (7th Cir.
2008)) (defendant's filing of notice of appeal divested
district court of jurisdiction to determine motion to
reconsider). Thus, Edwards's Motion for Clarification of
Dismissal for Lack of Jurisdiction (Doc. 269), to the extent
he asserting the Court erred in its conclusion, is denied.
Motion for Discovery
8, 2019, Edwards filed a Motion for Discovery with the Court
requesting certain evidence used by his retained attorney and
the Government that apparently influenced his decision to
accept a guilty plea (Doc. 272). Specifically, Edwards seeks
the transcript of a wiretap that he contends does not
actually exist. Edwards claims the lack of such evidence will
prove his innocence. He also requests the Court turn over the
signed warrant for the alleged ...