Wilson v. USA

Filing 3

MEMORANDUM AND ORDER Directing Government to respond. Signed by Judge J. Phil Gilbert on 12/11/2009. (jwt)

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

CIVIL NO. 09-cv-272-JPG CRIMINAL NO. 07-cr-40020

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. Petitioner pleaded guilty to four counts of distributing cocaine base in violation of 21 U.S.C. § 841(a)(1). On April 11, 2008, Petitioner was sentenced to 200 months imprisonment, 3 years supervised release, a fine of $400, and a special assessment of $400. Although Petitioner filed a notice of appeal, the appeal was later voluntarily dismissed. On April 9, 2009, Petitioner filed the instant motion under § 2255. In her motion, the Petitioner raises ten grounds for relief: (1) ineffective assistance of trial counsel; (2) that she did not understand the consequence of her plea; (3) insufficiency of evidence; (4) violation of her Sixth Amendment rights; (5) incorrect application of Sentencing Guidelines; (6) the Government's witnesses at her sentencing hearing were unreliable; (7) too much crack cocaine was attributed to her; (8) due process; (9) there was insufficient evidence that the drug involved was crack cocaine; and (1)) inaccurate calculation of her criminal history and category.

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: 12/11/2009 s/ J. Phil Gilbert U. S. District Judge

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