Opinion

Seats v. Monti

Court
District Court, S.D. Illinois
Filed
Jan 9, 2023
Cited by
0 cases
Authority
More cited than 21.3%

“[petitioners] cannot backdoor [their] way into timely federal habeas review by characterizing [their] sentence modification as a result of the direct review process.”

How later courts described this case

  • “[petitioners] cannot backdoor [their] way into timely federal habeas review by characterizing [their] sentence modification as a result of the direct review process.”
  • “timeliness of [a] habeas petition is calculated based on the date of the final judgment that [a] petition challenges” and unaltered convictions that were not subject to resentencing do not receive later final judgment dates

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

DEVIN SEATS, )

)

Petitioner, )

)

vs. ) Case No. 21-CV-1221-SMY

)

DANIEL MONTI, )

)

Respondent. )

MEMORANDUM AND ORDER

YANDLE, District Judge:

Petitioner Devin Seats, a state prisoner currently incarcerated at Shawnee Correctional

Center, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, requesting

resentencing for his 2012 convictions for aggravated battery with a firearm and aggravated

discharge of a firearm (Doc. 1). The case is now before the Court on Respondent’s motion to

dismiss the Petition as untimely (Doc. 14).1 For the following reasons, Respondent’s motion

is GRANTED.

Factual and Procedural Background2

In April 2011, Seats shot a man in the face at a Chicago store; the man survived. People

v. Seats, 2015 IL App (1st) 130199-U, ¶¶ 4, 13. Following a bench trial, Seats was found guilty

of aggravated battery with a firearm under 720 ILCS 5/12-4.2(a)(1), armed habitual criminal

under 720 ILCS 5/24-1.7(a), and aggravated discharge of a firearm under 720 ILCS 5/24-

1.2(a)(1). Id. at ¶ 2.

1 Seats has not opposed Respondent’s motion but did address the timelines issue in his Petition (Doc. 1, p. 7).

2 This Court cites to the public judicial records along with the exhibits attached by Respondent.

Seats’ pre-sentence investigation report referred to six prior felony convictions,

including a 2005 conviction for aggravated unlawful use of a weapon (AUUW), a 2005

conviction for manufacture/delivery of heroin, a 2005 conviction for possession of a controlled

substance, two 2007 convictions for AUUW, and a 2009 conviction for felony escape. People

v. Seats, 2020 IL App (1st) 170738-U, ¶ 6. On December 12, 2012, the Circuit Court of Cook

County sentenced Seats to 20 years imprisonment for aggravated battery with a firearm, 12

years for armed habitual criminal, and 10 years for aggravated discharge of a firearm, all to run

concurrently. Id. at ¶ 7. In imposing sentence, the Honorable James B. Linn noted that, in

aggravation, Seats had a “considerable criminal background” and that “[he’d] been through the

system before” but did not directly reference the AUUW convictions. Id. at ¶ 7. In 2013, the

Illinois Supreme Court ruled that such AUUW convictions violated the Second Amendment.

People v. Aguilar, 2 N.E.3d 321 (Ill. 2013). Seats’ AUUW convictions were formally vacated

in November 2019. People v. Seats, 2020 IL App (1st) 170738-U, ¶ 6.

Seats appealed his 2012 convictions on unrelated grounds. The Illinois Appellate Court

affirmed and the Illinois Supreme Court denied Seats’ Petition for Leave to Appeal (“PLA”)

on November 25, 2015. People v. Seats, 2015 IL App (1st) 130199-U; People v. Seats, 42

N.E.3d 374 (Ill. 2015). Seats did not file a Petition for Writ of Certiorari to the United States

Supreme Court.

On December 22, 2016, Seats filed a pro se petition for post-conviction relief, asserting

that the sentencing court had improperly considered his AUUW convictions. People v. Seats,

2020 IL App (1st) 170738-U, ¶ 9. Seats’ petition was dismissed. The Illinois Appellate Court

affirmed the dismissal, finding that Seats’ AUUW convictions were “so insignificant that it did

not lead to a greater sentence,” especially given the fact that he shot another man in the face.

Id. at ¶¶ 17, 18. That court vacated Seats’ armed habitual criminal conviction, while leaving

unmodified his convictions for aggravated battery with a firearm and aggravated discharge of

a firearm. Id. at ¶ 14. The Illinois Supreme Court denied Seats’ PLA on November 18, 2020.

People v. Seats, 159 N.E.3d 955 (Ill. 2020).

Seats filed the instant § 2254 petition on October 6, 2021 (Doc. 1), arguing that he

should have been resentenced on his convictions for aggravated battery with a firearm and

aggravated discharge of a firearm given the vacating of his AUUW convictions.

Discussion

28 U.S.C. § 2244 creates a one-year limitation period for filing a Petition for Writ of

Habeas Corpus. Specifically, under 28 U.S.C. § 2244(d)(1), a person convicted in state court

must file his federal habeas petition within one year of the latest of:

(A) the date on which the judgment became final by the conclusion of direct

review or the expiration of the time for seeking such review;

(B) the date on which the impediment to filing an application created by

State action in violation of the Constitution or laws of the United States is

removed, if the applicant was prevented from filing by such State action;

(C) the date on which the constitutional right asserted was initially

recognized by the Supreme Court, if the right has been newly recognized

by the Supreme Court and made retroactively applicable to cases on

collateral review; or

(D) the date on which the factual predicate of the claim or claims presented

could have been discovered through the exercise of due diligence.

28 U.S.C. § 2244(d)(1).

The one-year statute of limitations is tolled during the pendency of a “properly filed”

state post-conviction petition and may be subject to equitable tolling. 28 U.S.C. § 2244(d)(2);

Holland v. Florida, 560 U.S. 631, 645 (2010). Equitable tolling applies only if the petitioner

shows both “(1) that he has been pursuing his rights diligently, and (2) that some extraordinary

circumstance stood in his way and prevented timely filing.” Holland, 560 U.S. at

649 (quoting Pace v. DiGuglielmo, 544 U.S. 408, 418 (2005)).

Under 28 U.S.C. § 2244(d)(1)(A), Seats had one year from the date on which his

judgment became final to seek federal habeas relief. His judgment became final on February

24, 2016, when the time expired for him to file a Petition for a Writ of Certiorari to the United

States Supreme Court from the Illinois Supreme Court’s denial of his PLA on November 25,

2015. Gonzalez v. Thaler, 565 U.S. 134, 150 (2012). The one-year clock ran for 302 days

until it was tolled by the postconviction petition that Seats filed on December 22, 2016. 28

U.S.C. § 2244(d)(2) (“time during which a properly filed application for State post-conviction

or other collateral review” shall not count). The clock resumed running on November 18, 2020,

when the Illinois Supreme Court denied Seats’ PLA from his postconviction petition. Pace v.

DiGugliemo, 544 U.S. 408, 410 (2005). Because Seats did not file the instant Petition within

the 63 days that remained, but instead waited another 322 days until October 6, 2021, his

Petition is untimely.

Seats asserts that the clock runs from when the sentencing decision becomes final, a

theory the Seventh Circuit Court of Appeals has rejected. See, Lozano v. Frank, 424 F.3d 554,

555-556 (7th Cir. 2005) (“[petitioners] cannot backdoor [their] way into timely federal habeas

review by characterizing [their] sentence modification as a result of the direct review

process.”). Moreover, while Seats’ habitual criminal conviction was vacated, his convictions

for aggravated battery with a firearm and aggravated discharge of a firearm were not modified

and are subject to the above timeline pursuant to 28 U.S.C. § 2244(d)(1)(A). Turner v. Brown,

845 F.3d 294, 297 (7th Cir. 2017) (“timeliness of [a] habeas petition is calculated based on the

date of the final judgment that [a] petition challenges” and unaltered convictions that were not

subject to resentencing do not receive later final judgment dates).

Disposition

For the foregoing reasons, Respondent’s Motion to Dismiss (Doc. 14) is GRANTED,

the Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 (Doc. 1) is DENIED, and this

case is DISMISSED with prejudice. The Clerk of Court is DIRECTED to close this case and

enter judgment accordingly.

Certificate of Appealability

Pursuant to Rule 11 of the Rules Governing Section 2254 Cases, this Court must “issue

or deny a certificate of appealability when it enters a final order adverse to the applicant.” A

certificate should be issued only where the petitioner “has made a substantial showing of the

denial of a constitutional right.” 28 U.S.C. § 2253(c)(2).

For a certificate of appealability to issue, a petitioner must show that “reasonable

jurists” would find this Court’s “assessment of the constitutional claims debatable or wrong.”

See Slack v. McDaniel, 529 U.S. 473, 484 (2000); Buck v. Davis, 137 S. Ct. 759, 773 (2017).

Where a petition is dismissed on procedural grounds without reaching the underlying

constitutional issue, the petitioner must show both those reasonable jurists would “find it

debatable whether the petition states a valid claim of the denial of a constitutional right and

that jurists of reason would find it debatable whether the district court was correct in its

procedural ruling.” Slack, 529 U.S. at 484.

Here, no reasonable jurist would find it debatable whether this Court’s ruling on the

untimeliness of the Petition is correct. Accordingly, the Court denies a certificate of

appealability. Seats may reapply for a certificate of appealability to the United States Court of

Appeals, Seventh Circuit. See FED. R. APP. P. 22(b); 28 U.S.C. § 2253(c)(1).

IT IS SO ORDERED.

DATED: January 9, 2023 Aoi oe

STACI M. YANDLE

United States District Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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