Rouse v. Walton, 030315 ILSDC, 15-00017-DRH

Docket NºCivil 15-00017-DRH.
Opinion JudgeDAVID R. HERNDON, District Judge.
Party NameJESSE ROUSE, No. 07552-073, Petitioner, v. WARDEN JEFFREY S. WALTON, Respondent.
Case DateMarch 03, 2015
CourtUnited States District Courts, 7th Circuit, Southern District of Illinois

JESSE ROUSE, No. 07552-073, Petitioner,

v.

WARDEN JEFFREY S. WALTON, Respondent.

Civil No. 15-00017-DRH.

United States District Court, S.D. Illinois.

March 3, 2015.

MEMORANDUM AND ORDER

DAVID R. HERNDON, District Judge.

Petitioner Jesse Rouse, an inmate currently housed at the United States Penitentiary in Marion, Illinois, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (Doc. 6), seeking to overturn his 1994 criminal conviction and sentence ( United States v. Rouse, Case No. 94-cr-40015 (D. S.D. 1994)).1

This case is now before the Court for a preliminary review of the petition pursuant to Rule 4 of the Rules Governing Section 2254 Cases in United States District Courts. Rule 4 provides that upon preliminary consideration by the district court judge, "[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition and direct the clerk to notify the petitioner." Rule 1(b) of those Rules gives this Court the authority to apply the rules to other habeas corpus cases, such as this action under 28 U.S.C. § 2241.

Discussion

In United States v. Rouse, Case No. 94-cr-40015 (D. S.D. 1994), a jury convicted Jesse Rouse (his brother and two cousins) of the aggravated sexual abuse of five girls in his extended family, aged 20 month to seven years. Rouse was sentenced to imprisonment for 33 years. According to the petition, Jesse Rouse was convicted of abusing two children.

"Coercion" and the "suggestability" of the children to allege sexual abuse were issues at trial, and on direct appeal.

A divided Eighth Circuit panel initially reversed the defendants' convictions, United States v. Rouse, 100 F.3d 560 (8th Cir. 1996), but after the entire Eighth Circuit granted en banc review and vacated the panel opinion, United States v. Rouse, 107 F.3d 557 (8th Cir. 1997), the panel, on rehearing, issued a new opinion affirming the convictions and en banc review was dismissed. United States v. Rouse, 111 F.3d 561 (8th Cir.), cert. denied, 522 U.S. 905, 118 S.Ct. 261, 139 L.Ed.2d 188 (1997).

United States v. Rouse, 329 F.Supp.2d 1077, 1079 (D. S.D. 2004).

A subsequent motion pursuant to 28 U.S.C. § 2255 attacking Rouse's sentence was denied. See Rouse v. United States, Case No. 98-cv-4213-LLP (D. S.D. 1999). A motion for new trial was also denied. United States v. Rouse, 329 F.Supp.2d 1077, 1079 (D. S.D. 2004). Ten years later, Rouse files the subject petition for writ of habeas corpus pursuant to 28...

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