Hatfield v. USA

Filing 4

ORDER denying 2 MOTION for Joinder, denying 3 MOTION for Recusal, and directing the government to respond to petitioner's 2255 motion. (The response is due by 2/4/2013.). Signed by Chief Judge David R. Herndon on 1/3/2013. (msdi)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EVERLY K. HATFIELD,
Petitioner,
v.
UNITED STATES OF AMERICA,

Criminal Case No. 08-cr-30020-DRH
Civil Case No. 12-cv-1110-DRH

Respondent.
MEMORANDUM & ORDER
HERNDON, Chief Judge:
This matter is before the Court on petitioner Everly K. Hatfield’s motion to
vacate, set aside, or correct sentence, pursuant to 28 U.S.C. § 2255 (Doc. 1).
Defendant was convicted by a jury of conspiracy to burglarize pharmacies, 18
U.S.C. §§ 2118(b), (d), and to distribute controlled substances (including
morphine,

methadone,

oxycodone,

fentanyl,

alprazolam,

cocaine,

and

hydrocodone), the use of which resulted in death or serious bodily injury, 21
U.S.C. §§ 841(a)(1), (b)(1)(C), 846—specifically, four deaths, plus a serious bodily
injury to a fifth user of the defendant’s drugs. Defendant was sentenced to life in
prison, and he appealed. On appeal, the Seventh Circuit reversed the convictions
relating to some of the deaths based upon error in the jury instructions, but
affirmed the other convictions, 591 F.3d 945 (7th Cir. 2010). On remand, the
government dismissed the charges the Seventh Circuit reversed, and this Court
resentenced defendant to 360 months’ imprisonment. Defendant then moved for
a new trial, and this Court denied that motion.
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Defendant appealed, and the

Seventh Circuit affirmed the Court’s judgment, 423 Fed. Appx. 648 (7th Cir.
2011). Defendant then filed a petition for writ of certiorari, which the Supreme
Court denied, 132 S. Ct. 536 (2011), on October 31, 2011. Thus, petitioner filed
his instant § 2255 petition on October 12, 2012. See Houston v. Lack, 487 U.S.
266 (1988) (holding that a prisoner’s submission to the court is deemed “filed” on
the date he delivers it to the prison authorities for forwarding on to the court). In
his seventy page § 2255 motion, petitioner raises seven issues, claiming that his
First, Fourth, Fifth, Sixth, Seventh, Eighth, and Fourteenth Amendment rights
were violated.
The same day petitioner filed his § 2255 motion, petitioner also filed a
motion to join (Doc. 2) and a motion for recusal (Doc. 3).

In his motion for

recusal, petitioner requests that this judge recuse himself from this case because
the appearance of impropriety exists and because actual bias and prejudice have
already been proven. In the motion to join, petitioner asks that his petition be
joined with his co-defendant and brother Everly Hatfield’s § 2255 petition because
Everly Hatfield has trouble reading and writing and a joinder would enable the
respondent to more easily prepare a response.
Pursuant to Rule 4 of the RULES GOVERNING SECTION 2255 PROCEEDINGS, the
Court ORDERS the government to file a response to petitioner’s motion within
THIRTY (30) DAYS of the date of this Order. The government shall, as part of its
response, attach all relevant portions of the record. As to petitioner’s motion for
recusal, this motion is denied. The Court cannot allow the legal system to be

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manipulated by criminal defendants filing frivolous complaints and engaging in
defamatory letter writing campaigns against judges just to try to judge shop on the
theory that the judge will be unable to perform his constitutional duties faithfully
or to create some inference of such an issue.

The complaint of judicial

misconduct filed by petitioner was dismissed by the Seventh Circuit on October
25, 2012, and this judge, having tried this case, should consider this motion.
Lastly, petitioner’s motion to join is also denied. Petitioner has provided no case
law to support its motion that these claims can or should be tried to together.
IT IS SO ORDERED.
Signed this 3rd day of January, 2013.

Digitally signed by
David R. Herndon
Date: 2013.01.03
16:23:36 -06'00'
Chief Judge
United States District Judge

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