USA v. Bailey

Filing 54

MEMORANDUM Order: For the reasons stated in this memorandum order, defendant Bailey's arguments plainly call for a response by the United States Attorney's Office. This Court orders that such response to defendant's motion under Rule 60(b) to reopen § 2255 proceedings be filed on or before August 18, 2017. Signed by the Honorable Milton I. Shadur on 6/30/2017:Mailed notice(clw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

RICHARD BAILEY,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 97 C 7665

MEMORANDUM ORDER
Richard Bailey ("Bailey") has filed a pro se 1 "Motion Under Rule 60(b) To Reopen
Mr. Bailey's §2255 Proceedings" in which, after criticizing the decisions reached by this Court and then our
Court of Appeals in rejecting his initial 28 U.S.C. § 2255 motion and then his later motions, 2 he asserts
actual innocence -- not of the crime to which he pleaded guilty, but of the far more serious crime of Helen
Brach's murder that this Court found proved by a preponderance of the evidence adduced in a week-long
sentencing hearing. Bailey now seeks to call to his aid the Supreme Court decision in Beckles v. United
States, 137 S. Ct. 886, 903 n.4 (2017).
1

As this Court wrote 20 years ago in Bailey v. United States, 1997 WL 695501, at *1
(N.D. Ill. 1997):
This opinion characterizes Bailey's submission as pro se only in the sense that no
counsel signed the motion. It is obvious that nonlawyer Bailey has received legal
assistance in connection with the memorandum.
It should be emphasized that neither that observation nor its repetition now carries any hint of
criticism. To the contrary, it reflects respect for the articulate presentation of his arguments then
and now.
2

See our Court of Appeals unpublished April 9, 2013 order in its Case No. 12-3400
(Dkt. No. 52 in this case).

Bailey's arguments plainly call for a response by the United States Attorney's Office. This Court
orders that such response be filed on or before August 18, 2017.

__________________________________________
Milton I. Shadur
Senior United States District Judge
Date: June 30, 2017