Ubaid-allah v. United States of America et al

Filing 9

ORDER signed by Magistrate Judge Kendall J. Newman on 1/11/2018 DIRECTING Clerk of Court to file 1 Motion and Affidavit Under 18 U.S.C. § 3742(a)(3) in case no. 82-cr-9 and close the instant action. CASE CLOSED. (Henshaw, R)

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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,
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).” (ECF No.

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1.) In this pleading, petitioner challenges his sentence on grounds that a term of supervised

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release was illegally imposed.

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Section 3742(a)(3) permits defendants to appeal if a sentence imposed by the district court
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[.]
18 U.S.C. § 3742(a)(3).
On December 14, 2017, the undersigned issued an order finding that petitioner’s motion
pursuant to 18 U.S.C. § 3742(a)(3) should be filed in petitioner’s criminal case. (ECF No. 7.)
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In the December 14, 2017 order, the undersigned ordered petitioner to file further briefing

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to assist the court in determining his criminal case number. (Id.) In particular, petitioner was

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directed to clarify whether he was challenging a sentence imposed in 82-cr-9 in the United States

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District Court for the Eastern District of California. (Id.) Petitioner was also directed to inform

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the court whether he had a different name at the time he was convicted. (Id.)

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On January 8, 2018, petitioner filed a response to the December 14, 2017 order. (ECF No.

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8.) In this briefing, petitioner indicates that he is challenging a sentence issued in case no. 82-9.

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(Id.) Petitioner also states that at the time of his conviction, he went by the name Donald

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Calhoun. (Id.)

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Court records confirm that Donald Calhoun, aka Isma’il Ubaid-Allah, was convicted in
case no. 82-9.
Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to file

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petitioner’s Motion and Affidavit Under 18 U.S.C. § 3742(a)(3) (ECF No. 1) in case no. 82-cr-9;

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the Clerk of the Court shall then close the instant action.

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Dated: January 11, 2018

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