Jenkins v. USA

Filing 7

ORDER denying 6 Motion for Release on Bond. Signed by Judge David R. Herndon on 4/11/2018. (ceh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS ANTWON D. JENKINS a/k/a Antoine Jenkins Petitioner, v. No. 3:18-cv-610-DRH UNITED STATES OF AMERICA Respondent. ORDER HERNDON, District Judge: Before the Court is pro se petitioner Antwon Jenkins’ (“petitioner”) Motion for Release on Bond pending resolution of his 28 U.S.C. § 2255 petition (doc. 6). Petitioner seeks he be released on “personal recognizance, unsecured appearance bond, or any combination that [the Court] deems appropriate” while deciding his section 2255 petition, and also wishes to supplement his section 2255 petition with the same argument as his fifth ground for relief. Id. at 1. The Court DENIES both requests. After review of the conditions set forth in 18 U.S.C. § 3143(b) [Release or Detention of a Defendant Pending Sentence or Appeal] and 18 U.S.C. § 3142, the Court finds petitioner has failed to satisfy the requirements necessary to overcome his detention. Additionally, the cases petitioner cites in support of releasing a defendant pending resolution of his or her case are not applicable here. See doc. 6. at 5-6. Regardless of petitioner’s beliefs, if the appellate court’s decision in dismissing Count 2 from petitioner’s unrelated criminal case, 3:12-cr1 30239-DRH-1, is affirmed, petitioner will not be released from prison. Whatever the outcome of the government’s appeal to the Supreme Court of the United States, petitioner will still be serving a term of imprisonment for his kidnapping conviction (Count 1), in which he was sentenced to 188 months to run consecutively to the count under review, Using or Carrying a Firearm to Commit a Federal Crime of Violence. See id. at doc 258.1 Even further, after petitioner’s term of imprisonment for kidnapping expires, petitioner is to serve an additional 27 months imprisonment to run consecutively to the term sentenced in 3:12-cr30239-DRH-1, for his drug-related conviction in case 3:13-cr-30125-DRH-11. See id. doc. 539. Clearly, the dismissal of one count from petitioner’s 2012 criminal case does not warrant petitioner’s release on bond. Finally, the Court DENIES petitioner’s request to supplement his section 2255 motion with the bond argument as ground for relief #5, as the nature of the argument is unrelated to his 2013 criminal case, which is the underlying case for petitioner’s section 2255 motion. IT IS SO ORDERED. Judge Herndon 2018.04.11 20:44:10 -05'00' United States District Judge 1 If the dismissal of Count 2 is affirmed, petitioner will be re-sentenced for Count 1, Kidnapping. See 3:12-cr-30239-DRH-1, doc. 337. 2

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