Ubaid-allah v. United States of America et al

Filing 7

ORDER signed by Magistrate Judge Kendall J. Newman on 12/14/2017 ORDERING petitioner shall file the further briefing discussed in this order within 30 days.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ISMA’IL UBAID-ALLAH,

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No. 2:17-cv-1964 GEB KJN P

Petitioner,
v.

ORDER

UNITED STATES OF AMERICA,

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Respondent.

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Petitioner is a federal prisoner, proceeding without counsel. On September 20, 2017,

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petitioner filed a pleading titled “Motion and Affidavit Under 18 U.S.C. § 3742(a)(3).” In this

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pleading, petitioner challenges his sentence on grounds that a term of supervised release was

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illegally imposed.

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Section 3742(a)(3) permits defendants to appeal if a sentence imposed by the district court

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is greater than the sentence specified in the applicable guideline
range to the extent that the sentence includes a greater fine or term
of imprisonment, probation, or supervised release than the
maximum established in the guideline range, or includes a more
limiting condition of probation or supervised release under section
3563(b)(6) or (b)(11) than the maximum established in the
guideline range[.]

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18 U.S.C. § 3742(a)(3).
Petitioner’s motion pursuant to 18 U.S.C. § 3742(a)(3) should be filed in petitioner’s
criminal case.
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The undersigned will direct the Clerk of the Court to file petitioner’s motion in his

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criminal case. However, for the reasons stated herein, petitioner is ordered to file further briefing

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to assist the court in determining his criminal case number.

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Attached to petitioner’s motion is a document titled “Sentencing Monitoring Computation

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Data.” (ECF No. 1 at 10.) This document, dated August 31, 2017, contains petitioner’s name and

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indicates that on December 3, 1982, he was sentenced in case no. 82-cr-9 in the United States

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District Court for the Eastern District of California. (Id.) However, court records for case no. 82-

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cr-9 contain a different name and identification number.

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Petitioner is directed to file further briefing clarifying the criminal case he is challenging

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in the pending motion. If petitioner is challenging a sentence imposed in case no. 82-cr-9,

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petitioner shall inform the court whether he had a different name when he was convicted in that

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case and, if so, what name he went by at that time. If petitioner is challenging the sentence

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imposed in case no. 82-cr-9, he shall also inform the court whether his identification number has

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changed since his sentencing in 1982. Following receipt of this further briefing, the undersigned

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will issue further orders.

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Accordingly, IT IS HEREBY ORDERED that petitioner shall file the further briefing

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discussed above within thirty days of the date of this order.

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Dated: December 14, 2017

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Ubaid1964.dis

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