U.S. v. GOODWIN, 07-20168-JWL. (2012)
Court: District Court, D. Kansas
Number: infdco20120615a76
Visitors: 11
Filed: Jun. 13, 2012
Latest Update: Jun. 13, 2012
Summary: MEMORANDUM AND ORDER JOHN W. LUNGSTRUM, District Judge. Defendant Franklin Goodwin comes before the court with a Motion to Preserve Issues (doc. 1458). He seeks to preserve issues raised by the Supreme Court's ruling in DePierre v. United States, 131 S.Ct. 225 (2011), so that he may include the issues in his petition for habeas corpus. A Motion to Preserve Issues is not a cognizable claim for post-conviction relief. If Mr. Goodwin wishes to pursue this claim, he should include it in a time
Summary: MEMORANDUM AND ORDER JOHN W. LUNGSTRUM, District Judge. Defendant Franklin Goodwin comes before the court with a Motion to Preserve Issues (doc. 1458). He seeks to preserve issues raised by the Supreme Court's ruling in DePierre v. United States, 131 S.Ct. 225 (2011), so that he may include the issues in his petition for habeas corpus. A Motion to Preserve Issues is not a cognizable claim for post-conviction relief. If Mr. Goodwin wishes to pursue this claim, he should include it in a timel..
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MEMORANDUM AND ORDER
JOHN W. LUNGSTRUM, District Judge.
Defendant Franklin Goodwin comes before the court with a Motion to Preserve Issues (doc. 1458). He seeks to preserve issues raised by the Supreme Court's ruling in DePierre v. United States, 131 S.Ct. 225 (2011), so that he may include the issues in his petition for habeas corpus. A Motion to Preserve Issues is not a cognizable claim for post-conviction relief. If Mr. Goodwin wishes to pursue this claim, he should include it in a timely filed petition for habeas corpus pursuant to 28 U.S.C. § 2255.
IT IS THEREFORE ORDERED BY THE COURT that defendant's Motion to Preserve Issues (doc. 1458) is dismissed without prejudice.
IT IS SO ORDERED.
Source: Leagle
