Moore v. United States of America

Filing 5

MEMORANDUM AND ORDER granting 4 MOTION to Amend/Correct; directing govt response to 2255 motion. Signed by Chief Judge David R. Herndon on 6/25/10. (eed)

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

CIVIL NO. 09-cv-1039-DRH CRIMINAL NO. 07-cr-40017

MEMORANDUM AND ORDER HERNDON, Chief Judge: This matter is before the Court on Petitioner Marcus Moore's motion for relief pursuant to 28 U.S.C. § 2255. Without benefit of a plea agreement, Moore pleaded guilty to four counts involving the distribution of crack cocaine; he was sentenced to 188 months imprisonment, six years supervised release, a fine of $400, and a special assessment of $400. United States v. Moore, 302 Fed.Appx. 483 (7th Cir. 2008). Moore then filed the instant motion under § 2255. He followed that with a motion to amend (Doc. 4), in which he seeks to modify his two grounds for relief. This motion to amend is GRANTED; the grounds raised in the amendment shall be considered a supplement to the original § 2255 motion. In his motion and amendment, Moore argues that counsel was ineffective in failing to object to calculation of his sentence, and that counsel was ineffective in failing to identify viable issues on appeal.

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The Court ORDERS the Government to file a response to Moore'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: June 25, 2010. /s/ DavidRHerndon CHIEF JUDGE UNITED STATES DISTRICT COURT

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