Sample v. USA

Filing 2

MEMORANDUM AND ORDER. Signed by Judge J. Phil Gilbert on 9/13/2013. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
GEORGE L. SAMPLE,
Petitioner,
Case No. 13-cv-941-JPG

vs.
UNITED STATES OF AMERICA,
Respondent.

MEMORANDUM AND ORDER
This matter comes before the Court on petitioner George L. Sample’s motion to vacate, set
aside or correct sentence pursuant to 28 U.S.C. § 2255.
In his criminal case, Sample filed a motion for retroactive application of the sentencing
guidelines pursuant to 18 U.S.C. § 3582. See United States v. Sample, Case No. 05-cr-40043-JPG,
Doc. 169. The Federal Public Defender’s office reviewed Sample’s case and filed a “no merits”
statement on August 23, 2013 (Doc. 175 in criminal case). Considering the content and timing of
Sample’s § 2255 motion, the Court believes Sample intended to file a response to the Federal Public
Defender’s “no merits” statement in his criminal case rather than a § 2255 motion.
The Court WARNS Sample that it intends to construe his § 2255 motion (Doc. 1) as a
response to the Federal Public Defender’s “no merits” statement (Doc. 175 in criminal case). If
Sample wishes to maintain this § 2255 action, he must inform the Court on or before September 27,
2013. The Court WARNS Sample that maintaining this § 2255 action will subject subsequent
§ 2255 motions to the law’s “second or successive” restrictions. See Castro v. United States, 540
U.S. 375, 377 (2003).
IT IS SO ORDERED.
DATED: September 13, 2013
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE