Vann v. USA

Filing 4

MEMORANDUM AND ORDER Directing Government to respond. Signed by Judge J. Phil Gilbert on 11/14/2008. (jwt)

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

CIVIL NO. 08-cv-722-JPG CRIMINAL NO. 06-cr-40029

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 January 8, 2007, Petitioner pleaded guilty to one count of conspiracy to distribute 50 grams or more of cocaine base in violation of 21 U.S.C. § 846. No plea agreement was made. On April 17, 2007, Petitioner was sentenced to 204 months imprisonment, 5 years supervised release, a fine of $200, and a special assessment of $100. On October 15, 2007, Petitioner filed the instant motion under § 2255. In his motion the Petitioner raises four grounds for relief: (1) ineffective assistance of counsel in failing to consult with Petitioner after sentencing with regard to possible grounds for appeal; (2) ineffective assistance of counsel relating to the plea; (3) incorrect calculation of base offense level in violation of due process of law ; and (4) improper calculation of base offense level in violation of due process of law The Court ORDERS the Government to file a response to Petitioner's motion within

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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: November 14, 2008. s/ J. Phil Gilbert U. S. District Judge

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