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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ISMA’IL UBAID-ALLAH, 12 13 14 15 No. 2: 17-cv-1964 GEB KJN P Petitioner, v. ORDER UNITED STATES OF AMERICA, Respondent. 16 17 Petitioner is a federal prisoner proceeding without counsel. On September 20, 2017, 18 petitioner filed a pleading titled “Motion and Affidavit Under 18 U.S.C. § 3742(a)(3).” (ECF No. 19 1.) In this pleading, petitioner challenges his sentence on grounds that a term of supervised 20 release was illegally imposed. 21 22 23 24 25 26 27 28 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.) 1 1 In the December 14, 2017 order, the undersigned ordered petitioner to file further briefing 2 to assist the court in determining his criminal case number. (Id.) In particular, petitioner was 3 directed to clarify whether he was challenging a sentence imposed in 82-cr-9 in the United States 4 District Court for the Eastern District of California. (Id.) Petitioner was also directed to inform 5 the court whether he had a different name at the time he was convicted. (Id.) 6 On January 8, 2018, petitioner filed a response to the December 14, 2017 order. (ECF No. 7 8.) In this briefing, petitioner indicates that he is challenging a sentence issued in case no. 82-9. 8 (Id.) Petitioner also states that at the time of his conviction, he went by the name Donald 9 Calhoun. (Id.) 10 11 12 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 13 petitioner’s Motion and Affidavit Under 18 U.S.C. § 3742(a)(3) (ECF No. 1) in case no. 82-cr-9; 14 the Clerk of the Court shall then close the instant action. 15 Dated: January 11, 2018 16 17 18 Ubaid1964.ord 19 20 21 22 23 24 25 26 27 28 2

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