change situation is not necessary.

Smith is scheduled to begin the Residential Drug Abuse
Program at Beckely Satellite Camp in July, 2012, and
requiring Smith's physical presence for a do-over resentencing
could ultimately result in his removal from the program.

Smith is requesting that this Court consider these factors
when entering the Sentencing Phase following consideration of

Smith's Motion for Relief under 28 U.S.C. Section 2255.

Respectfully Submitted,

Herbert F. Smith, Jr., J.D.
Beckely FCI/Federal Satellite Camp
Reg. No.: 41514-424

P.O. Box 350

Beaver, WV 25813


IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ILLINOIS, NORTHERN DIVISION

HERBERT F. SMITH, JR.,
Petitioner, CASE NUMBER: 1:12-cv-00902

vs. HONORABLE RONALD A. GUZMAN

UNITED STATES OF AMERICA,

ee yer

Respondent.

SENTENCING MEMORANDUM

The Petitioner, Herbert F. Smith, Jr. (hereinafter “"Smith"),
and for his Sentencing Memorandum, states as follows:

During the first Sentencing Hearing that occurred on July
26, 2011, this Court concluded, after considering the factors
contained in 18 U.S.C. Section 3553(a), that a low end sentence
under Offense Level 24 of 51 months incarceration was sufficient,
but not greater than necessary in considering the factors contained
in Section 3553(a).

Subsequent to this Court granting his Motion for Relief under
28 U.S.C. Section 2255, Smith requests that this Court correct his
his sentence by making a technical change reducing his Offense
Level to 22 and months of incarceration to 41, the low end of
Offense Level 22, a sentence that is again sufficient, but not
greater than necessary in considering the same factors once again
in Section 3553 (a) that it did during the first Sentencing Hearing.

This case is somewhat similar to other cases where a technical
adjustment is simply made to the applicable guidelines such as

crack cocaine cases. A do-over or resentencing under a technical


IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ILLINOIS, NORTHERN DIVISION

HERBERT F. SMITH, JR.,
Petitioner, CASE NUMBER: 1:12-cv-00902
HONORABLE RONALD A. GUZMAN

vs.

UNITED STATES OF AMERICA,

eevee

Respondent.

NOTICE OF SERVICE

To: Prisoner Correspondence
Clerk's Office

U.S. District Court

219 S. Dearborn Street

Chicago, IL 60604

Mr. Brian Netols

U.S. Attorney's Office

219 S. Dearborn Street, Suite 500

Chicago, IL 60604

I, Herbert F. Smith, Jr., state that I caused a copy of
Petitioner's Motion for Judgment on the Pleadings to be
served upon the above by depositing the same regular mail in a
prepaid envelope, at the mail chute located at Beckely Federal

Satellite Camp, West Virginia, June 11, 201

La F Smith, Ya


CE

FILED

IN THE UNITED STATES DISTRICT COURT JUN 19 2018
FOR THE DISTRICT OF ILLINOIS, NORTHERN DIVISION

THOMAS G. BRUTON

HERBERT F. SMITH, JR., CLERK, U.S. DISTRICT COURT

Petitioner, CASE NUMBER: 1:12-~cv-00902

vs. HONORABLE RONALD A. GUZMAN

UNITED STATES OF AMERICA,

ereeveweevev

Respondent.

PETITIONER'S MOTION FOR JUDGMENT ON THE PLEADINGS

The Petitioner, Herbert F. Smith, Jr. (hereinafter "Smith"),
and for his Motion for Judgment on the Pleadings pursuant to
Rule 12(b) of the Federal Rules of Civil Procedure, relative
to his pending Motion for Relief under 28 U.S.C. Section 2255,
states as follows:

1. On February 6, 2012, Smith filed his Motion to Vacate,
Set Aside, or Correct Sentence pursuant to 28 U.S.C. Section 2255
and Memorandum of Law in Support thereof.

2. On or about February 24, 2012, Smith filed his
Supplemental Memorandum of Law in Support thereof.

3. On April 4, 2012, the United States of America's
(hereinafter "the Government") Motion for Extension to file its
Answer was granted, The Government was given until May 28, 2012
to file its Answer.

4. The Government was subsequently given additional time, by
this Court to file its Answer, up through June 11, 2012,

5. On June 4, 2012, the Court revised this Order and ordered

the Government to have its Response on file by June 5, 2012.


6. As of June 8, 2012, the Government has failed to file

its Response.

7. Under Rule 12(b), the Petitioner is asking that for all
the reasons stated in his Motion for Relief under 28 U.S.C.
Section 2255 and the Memorandum of Law and two (2) Supplemental
Memorandums of Law, that this Court granting his Motion for Relief
under 28 U.S.C. Section 2255 Setting aside this Court's Sentence
dated July 26, 2011 and enter a new Sentencing Order pursuant
to Smith's Sentencing Memorandum that is attached to this Motion
as an Exhibit, without delay.

Wherefore, the Petitioner, Herbert F. Smith, Jr. hereby
respectfully requests that this Honorable Court grant his
Motion for Judgment on the Pleadings and award any further relief

it deems appropriate.

Respectfully Submitted,

Herbert F. Smith, .

Herbert F. Smith, Jr., J.D.
Beckely FCI/Federal Satellite Camp
Reg. No.: 41514-424

P.O. Box 350

Beaver, WV 25813


EXHIBIT "A"