No. 13-2314 IN THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT UNITED STATES OF AMERICA, ) On appeal from the United Plaintiff-Appellee, ) States District Court for the ) Northern District of Illinois. v. ) Case No: 92-CR-652-5 ) ROBERT J. TEZAK, ) Honorable Matthew F. Kennelly Defendant-Appellant. ) Judge Presiding. CIRCUIT RULE 3(C) DOCKETING STATEMENT 1. The United States District Court for the Northern District of Illinois had jurisdiction pursuant to Title 18 U.S.C. § 3231, which provides exclusive jurisdiction of offenses against the United States, and Fed. R. Crim. P. 18. 2. On July 29, 1994 the Defendant Robert J. Tezak was sentenced to a period of incarceration of one hundred fifty-four (154) months, a consecutive term of five years probation following his release and a two year period of supervised release following the completion of both his sentences in the Federal Bureau of Prisons and his term of probation. 3. On September 28, 2010 the Government filed a Motion for Rule to Show Cause and Revocation of Supervised Release. The Government later filed an Amended Motion for Rule to Show Cause and Revocation of Supervised Release on April 8, 2011, alleging that the Defendant had willfully failed to make the restitution payments imposed in his original Sentencing Order of July 29, 1994. 4. On June 1, 2011 the Defendant filed a Reply to the Government’s Amended Motion for Rule to Show Cause and Revocation of Supervised Release. The Defendant filed a second Reply to the Government’s Amended Motion for Rule to Show Cause and Revocation of Supervised Release on September 13, 2011. 5. On September 13, 2011 a hearing was held on the Government’s Amended Motion for Rule to Show Cause before the Honorable (late) William J. Hibbler. The (late) Judge Hibbler made a finding that the Defendant had knowingly, intentionally and consistently failed to make any reasonable effort to meet his financial obligations and ordered that an updated Presentence Investigation Report be prepared by the Probation Department. 6. Following the passing of the Honorable William J. Hibbler, this cause was reassigned to the Honorable George W. Lindberg on or about April 26, 2013. Following the Honorable George W. Lindberg’s decision to take inactive status, this cause was again reassigned to the Honorable Matthew F. Kennelly on or about May 24, 2012. 7. On November 26, 2012 the Defendant filed a Supplemental Submission to his Reply to the Government’s Amended Motion for Rule to Show Cause et al. 8. On December 21, 2012 the Government filed its Sentencing Memorandum. 9. On May 16, 2013 the Defendant filed another Supplemental Submission to his Reply to the Government’s Amended Motion for Rule to Show Cause et al. The Government’s Response was filed on May 20, 2013. 10. On May 23, 2013 the Defendant was found to be in violation of the condition of restitution of his original Sentencing Order of July 29, 1994 and his probation was revoked. The Defendant was sentenced to a term of imprisonment in the Federal Bureau of Prisons for a period of one hundred and twenty (120) days. The Judgment for Revocation of Probation was entered on May 31, 2013. 11. On June 14, 2013 the Defendant timely filed a Notice of Appeal. 12. The United States Court of Appeals for the Seventh Circuit has appellate jurisdiction pursuant to 28 U.S.C. §1291 and 18 U.S.C. § 3742. Respectfully submitted, DANIEL E. RADAKOVICH 900 West Jackson Boulevard Suite 5-East Chicago, Illinois 60607 (312) 733-5116 Attorney for Robert J. Tezak BY: /s/ Daniel E. Radakovich DANIEL E. RADAKOVICH Attorney for Defendant-Appellant No. 13-2314 IN THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT UNITED STATES OF AMERICA, ) On appeal from the United Plaintiff-Appellee, ) States District Court for the ) Northern District of Illinois. v. ) Case No: 92-CR-652-5 ) ROBERT J. TEZAK, ) Honorable Matthew F. Kennelly Defendant-Appellant. ) Judge Presiding. CERTIFICATE OF SERVICE I hereby certify that on June 21, 2013, I electronically filed the foregoing with the Clerk of the Court for the United States Court of Appeals for the Seventh Circuit by using the CM/ECF system. I certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the CM/ECF system. DANIEL E. RADAKOVICH 900 West Jackson Boulevard Suite 5-East Chicago, Illinois 60607 (312) 733-5116 Attorney for Robert J. Tezak /s/ Daniel E. Radakovich DANIEL E. RADAKOVICH Att
Posted on: Fri, 12 Jul 2013 09:06:50 +0000
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