Wortman v. United States of America

Filing 6

ORDER directing government response to Motion to Vacate, Set Aside, or Correct Sentence (2255). Signed by Judge J. Phil Gilbert on 10/18/06. (hbs)

Wortman v. United States of America

Doc. 6

Case 3:06-cv-00774-JPG

Document 6

Filed 10/18/2006

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS AMANDA WORTMAN, Petitioner/Defendant, vs. UNITED STATES of AMERICA , Respondent/Plaintiff. ) ) ) ) ) ) ) ) )

CIVIL NO. 06-cv-774-JPG CRIMINAL NO. 05-cr-40024

MEMORANDUM AND ORDER GILBERT, District Judge: This matter is before the Court on Petitioner's motion for relief pursuant to 28 U.S.C. § 2255. On February 1, 2006, Petitioner was found guilty by a jury of one count of destruction of evidence in a federal investigation, in violation of 18 U.S.C. §§ 2 and 1519. On June 8, 2006, Petitioner was sentenced to twelve months and one day imprisonment, two years supervised release, a fine of $200, and a special assessment of $100. On October 10, 2006, Petitioner filed the instant motion under § 2255. In her motion the Petitioner raises one ground for relief, namely, that she received ineffective assistance of counsel when trial counsel refused to file an appeal, despite Petitioner's specific requests that he do so. The Court ORDERS the Government to file a response to Petitioner's motion within THIRTY (30) DAYS of the date of this Order. The Government shall, as part of its response, attach all relevant portions of the record. IT IS SO ORDERED. Dated: October 18, 2006 s/ J. Phil Gilbert U. S. District Judge

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