Chapman v. USA

Filing 11

MEMORANDUM AND ORDER, Evidentiary Hearing set for 9/13/2013 10:00 AM in Benton Courthouse before Judge J. Phil Gilbert. Defendant shall be allowed to particiapte by videoconfernece. Attorney Gary E. Milone, Sr for Rondale Lee Chapman added for the purpose of this hearing only. The Court further DIRECTS the Clerk of Court to add Milone as an attorney of record for Chapman in the underlying criminal case. Signed by Judge J. Phil Gilbert on 8/2/13. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RONDALE LEE CHAPMAN,
Petitioner,
v.

Civil No. 13-cv-384-JPG

UNITED STATES OF AMERICA,

Criminal No 11-cr-40031-JPG

Respondent.
MEMORANDUM AND ORDER
This matter comes before the Court on petitioner Rondale Lee Chapman’s motion to
vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 and its supporting
memorandum (Docs. 1 & 2). Pursuant to Rule 4(b) of the Rules Governing Section 2255
Proceedings for the United States District Courts, the Court determined that it was plain from the
motion and the record of the prior proceedings that the petitioner was not entitled to relief on one
ground – Ground IIa. The Government has responded to the remaining grounds raised by
Chapman (Doc. 9), and Chapman has replied to that response (Doc. 10).
The Court believes an evidentiary hearing would expedite the resolution of Chapman’s
pending § 2255 motion and accordingly ORDERS a hearing to be held on the remaining claims
for relief in this case on September 13, 2013, at 10:00 a.m. at Benton, Illinois. Chapman shall be
allowed to participate by videoconference. The Court further finds that the interests of justice
require that Chapman be represented by counsel at the hearing but that he is unable to afford
counsel. Accordingly, the Court hereby ORDERS that, pursuant to Rule 8(c) of the Rules
Governing Section 2255 Proceedings and 18 U.S.C. § 3006A, attorney Gary Milone is
APPOINTED to represent Chapman for the purposes of this hearing only. Should it become
apparent after the hearing that further briefing on Chapman’s § 2255 motion is necessary, the

Court will enter an appropriate order at that time. The Court further DIRECTS the Clerk of
Court to add Milone as an attorney of record for Chapman in the underlying criminal case and
allow Milone access to sealed documents in that case.
IT IS SO ORDERED.
DATED: August 2, 2013
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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