Staszak v. USA, 12-cr-40064-JPG. (2018)
Court: District Court, S.D. Illinois
Number: infdco20180108757
Visitors: 27
Filed: Jan. 05, 2018
Latest Update: Jan. 05, 2018
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on petitioner Matthew Lee Staszak's second motion to be released on bond pending disposition of his motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. 2255 (Doc. 65). The Court denied an earlier motion for bond, noting that bond is rarely granted in 2255 proceedings, see Cherek v. United States, 767 F.2d 335 , 337 (7th Cir. 1985), and that Staszak's claim of merely being
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on petitioner Matthew Lee Staszak's second motion to be released on bond pending disposition of his motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. 2255 (Doc. 65). The Court denied an earlier motion for bond, noting that bond is rarely granted in 2255 proceedings, see Cherek v. United States, 767 F.2d 335 , 337 (7th Cir. 1985), and that Staszak's claim of merely being ..
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MEMORANDUM AND ORDER
J. PHIL GILBERT, District Judge.
This matter comes before the Court on petitioner Matthew Lee Staszak's second motion to be released on bond pending disposition of his motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 (Doc. 65). The Court denied an earlier motion for bond, noting that bond is rarely granted in § 2255 proceedings, see Cherek v. United States, 767 F.2d 335, 337 (7th Cir. 1985), and that Staszak's claim of merely being confined unlawfully is not unusual for a § 2255 petitioner and ordinarily does not warrant bond. See, e.g., Martin v. Solem, 801 F.2d 324, 330 (8th Cir. 1986). While the Court is sympathetic to the declining health of his uncle, Staszak's second motion for bond points to no additional or exceptional circumstances that convince the Court to exercise its discretion to place him on bond. The Court therefore DENIES Staszak's motion for bond (Doc. 65).
IT IS SO ORDERED.
Source: Leagle
