Opinion
2:09-CR-43-4-JTM-JPK
03-12-2024
UNITED STATES OF AMERICA, v. HANEEF JACKSON-BEY,
OPINION AND ORDER
THERESA L. SPRINGMANN UNITED STATES DISTRICT COURT JUDGE
The matter is before the Court on Defendant Haneef Jackson-Bey's Declaration [ECF No. 807], filed on March 8, 2024. Within this document, the Defendant included a “Notice of Appeal” where he states his desire to appeal the Court's denial of his request for compassionate release. See Decl. ¶ 20. For the reasons stated below, the Court construes this filing as a notice of appeal as to the denial of his request for compassionate release.
The Defendant is serving a fifteen-year sentence for Sex Trafficking by means of Force, Fraud, and Coercion and Aiding and Abetting in violation of 18 U.S.C. §§ 1591(a)(1) and 1591(b)(1) and 18 U.S.C. § 2. See Judgment, ECF No. 329. On March 27, 2023, the Defendant filed a Motion for Compassionate Relief [ECF No. 777]. On February 7, 2024, the Court denied the motion. See Op. & Order, ECF No. 802.
On March 1, 2024, the Defendant mailed his “Declaration” to the Clerk of Court. See ECF No. 807-1. Within the Declaration, the Defendant notifies the Court that he “wishes to enter an appeal” as to the Court's denial of his request for compassionate release. See Decl. ¶ 20.
The Court finds that the notice of appeal is timely. See Taylor v. Brown, 787 F.3d 851, 858 (7th Cir. 2015) (“The prison mailbox rule provides that a prisoner's notice of appeal is deemed filed at the moment the prisoner places it in the prison mail system, rather than when it reaches the court clerk.”) (cleaned up); Fed. R. App. P. 4(a)(1)(B) (allowing for sixty days to file a notice of appeal if one of the parties is the United States).
A notice of appeal must: (1) identify the party taking the appeal; (2) designate the judgment or order being appealed; and (3) identify the court to which the appeal is taken. Smith v. Grams, 565 F.3d 1037, 1041 (7th Cir. 2009) (citing Fed. R. App. P. 3(c)(1)). The Court construes the Defendant's pro se filing liberally. See id. at 1041-42 (“When a party proceeds pro se, however, we will, if possible, liberally construe his actions to find Rule 3's requirements satisfied.” (citing Smith v. Barry, 502 U.S. 244, 248 (1992))).
Construing the Defendant's filing liberally, the Court finds that it satisfies the requirements for a notice of appeal of this Court's Opinion and Order [ECF No. 802] denying his Motion for Compassionate Relief [ECF No. 777].
CONCLUSION
Accordingly, the Court finds that the filing is the functional equivalent of a Notice of Appeal. The Court DIRECTS the Clerk of Court to construe the Defendant's Declaration [ECF No. 807] as a Notice of Appeal and to forward the Defendant's Declaration [ECF No. 807] to the United States Court of Appeals for the Seventh Circuit.
SO ORDERED.