United States of America v. Dokich

Filing 4

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 10/25/2011:Mailed notice(srn, )

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

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Plaintiff,
v.
MELVIN DOKICH,
Defendant.

No. 11 C 7568
(06 CR 359-3)

MEMORANDUM ORDER
Melvin Dokich (“Dokich”), who is serving an 84-month
sentence imposed by this Court following his plea of guilty to a
multimillion dollar fraud, has just filed a 28 U.S.C. §2255
(“Section 2255”) motion challenging various aspects of his
conviction and sentence.

Although his filing comes more than a

year after our Court of Appeals’ July 21, 2010 affirmance of his
conviction and sentence, it is timely because Clay v. United
States, 537 U.S. 522 (2003) holds that the additional 90-day
period within which he could have sought certiorari is tacked
onto the one-year limitation period.
This Court’s preliminary review of Dokich’s filing, as
called for by Rule 4(b) of the Rules Governing Section 2255
Proceedings for the United States District Courts (“Section 2255
Rules”), suggests that some portions of his contentions may be
problematic in facial terms.

But rather than this Court taking a

piecemeal approach to the matter, it seems to make better sense
to order the United States Attorney to file an answer or other

response to the entire motion on or before November 30, 2011, as
Section 2255 Rule 4(b) directs, after which the other relevant
provision or provisions of the Section 2255 Rules will kick in.

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Milton I. Shadur
Senior United States District Judge
Date:

October 25, 2011

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