United States of America v. Pena

Filing 23

MOTION by Defendant Sal Pena for judgment (Attachments: # 1 Signed Waiver)(Theis, William)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
UNITED STATES OF AMERICA

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v.
SAL PENA

Case No. 16-CV-6373
Hon. Samuel
Der-Yeghiayan

PENA’S MOTION FOR JUDGMENT
On January 6, 2017, the government filed its answer to Pena’s motion
for relief under 28 U.S.C. § 2255. The government has agreed that Pena
should not have been sentenced as an armed career criminal and has
requested that he be promptly resentenced.
Pena has now served more than the 10-year maximum sentence that
could have been imposed on him. He requests that he be sentenced to 10
years in prison and no more than three years of supervised release. He is
willing to be sentenced without being returned to Court, so that he can be
released as soon as possible. Counsel attaches Pena’s signed consent to
resentencing in his absence.

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Wherefore, it is respectfully requested that this Honorable
Court grant relief in this case and promptly resentence Pena in his criminal
case.

Dated this January 9, 2017, at Chicago, Illinois.
Respectfully submitted,
FEDERAL DEFENDER PROGRAM
Carol A. Brook,
Executive Director
By:

/s/ William H. Theis
William H. Theis
W. Todd Watson
FEDERAL DEFENDER PROGRAM
55 E. Monroe Street, Suite 2800
Chicago, IL 60603
[phone]

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CERTIFICATE OF SERVICE
The undersigned, William H. Theis, an attorney with the Federal
Defender Program, hereby certifies that in accordance with FED.R.CRIM. P.
49, FED. R. CIV. P5, LR5.5, and the General Order on Electronic Case Filing
(ECF), the following document(s):
PENA’S MOTION FOR JUDGMENT
was served pursuant to the district court's ECF system as to ECF filings, if
any, and were sent by first-class mail/hand delivery on January 9, 2017, to
counsel/parties that are non-ECF filers.
FEDERAL DEFENDER PROGRAM
Carol A. Brook,
Executive Director
By:

/s/ William H. Theis
William H. Theis
FEDERAL DEFENDER PROGRAM
55 E. Monroe Street, Suite 2800
Chicago, IL 60603
[phone]

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