United States of America v. Hosseini

Filing 15

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 6/25/2013. Mailed notice by judge's staff. (srb,)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
AMIR HOSSEINI,
Defendant.

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No.

13 C 2472
(05 CR 254)

MEMORANDUM ORDER
Amir Hosseini (“Hosseini”), having been charged--together
with his codefendant Hossein Obaei--“in a massive 100-count
indictment alleging RICO conspiracy, money laundering, mail
fraud, illegal transaction structuring, bank fraud and aiding and
abetting a drug conspiracy,”1 filed an unsuccessful appeal from
his conviction on all of the counts (see n.1)2 and then
petitioned unsuccessfully for certiorari.

Although Hosseini’s

date of conviction was back in March 2008, lengthy delays in the
appellate process (primarily caused by difficulties in obtaining
complete transcripts of the five-week trial and other proceedings
at the District Court level from this Court’s then court
reporter) led to a decision from the Court of Appeals in the
spring of 2012, followed by the November 13, 2012 denial of

1

That quoted language is taken from our Court of Appeals’
opinion upholding the codefendants’ convictions and the resulting
sentences in United States v. Hosseini, 679 F.3d 544 (7th Cir.
2012).
2

Those three counts had been dismissed before trial.

certiorari.
That being the case, Hosseini’s April 2, 2013 filing of a
self-prepared motion (the “Motion”) under Section 28 U.S.C. §2255
(“Section 2255”) that challenged his sentence and conviction was
clearly timely despite the passage of several years (Hosseini’s
April 10, 2013 forwarding letter that accompanied his transmittal
of a copy of the Motion to this Court reported that he had
already served 6-1/2 years out of his 240-month sentence).

In

any event, this Court promptly ordered the government to respond
to the Motion, and government counsel did so on June 17 in an
extended memorandum that addressed seriatim the 11 grounds
advanced in the Motion.
In accordance with Rule 5(d) of the Rules Governing Section
2255 Proceedings for the United States District Courts, Hosseini
is entitled to file a reply to the government’s detailed response
if he desires to do so.

This Court therefore grants Hosseini

leave to file such a reply on or before August 13, 2013 (although
if Hosseini elects not to do so, he should apprise this Court of
that decision as soon as he reaches it, to enable this Court to
begin preparation of its ruling on the Motion).

________________________________________
Milton I. Shadur
Senior United States District Judge
Date:

June 25, 2013

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