Brown v. USA

Filing 10

MEMORANDUM AND ORDER, Evidentiary Hearing set for 3/7/2018 01:30 PM in Benton Courthouse before Judge J. Phil Gilbert. The Court ORDERS pursuant to Rule 8(c) of the Rules Governing Section 2255 Proceedings and 18 U.S.C. § 3006A, attorney John D . Stobbs is APPOINTED to represent Brown for the purposes of this hearing only. The Court further DIRECTS the Clerk of Court to add Stobbs as an attorney of record for Brown in the underlying criminal case and allow Stobbs access to sealed documents in that case. Signed by Judge J. Phil Gilbert on 1/3/2018. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ERIK SCOTT BROWN,
Petitioner,
v.

Civil No. 17-cv-430-JPG

UNITED STATES OF AMERICA,

Criminal No 15-cr-40045-JPG

Respondent.
MEMORANDUM AND ORDER
This matter comes before the Court on petitioner Erik Scott Brown’s motion to vacate, set
aside or correct his sentence pursuant to 28 U.S.C. § 2255 (Doc. 1). Pursuant to the Court’s order,
the Government has responded to the motion (Doc. 9).
The Court believes an evidentiary hearing is necessary to the resolution of Brown’s
pending § 2255 motion, which presents issues of fact. Accordingly, the Court ORDERS an
evidentiary hearing to be held on the motion on March 7, 2018, at 1:30 p.m. at Benton, Illinois.
Brown shall be allowed to appear and participate by videoconference. The Court further finds
that the interests of justice require that Brown 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 John D.
Stobbs is APPOINTED to represent Brown for the purposes of this hearing only. Should it
become apparent after the hearing that further briefing on Brown’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 Stobbs as an attorney of record for Brown in the underlying criminal case and allow
Stobbs access to sealed documents in that case.
IT IS SO ORDERED.
DATED: January 3, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE