Burnett v. USA

Filing 3

MEMORANDUM AND ORDER Directing the Government to respond to Petitioner's Sec. 2255 motion. Signed by Judge J. Phil Gilbert on 7/8/2010. (jwt)

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

CIVIL NO. 10-cv-164-JPG CRIMINAL NO. 01-cr-40017

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 guilty1 to: (1) one count of conspiring to possess with intent to distribute cocanine base in violation of 21 U.S.C. § 846; and (2) three counts of possessing with intent to distribute cocaine base in violation of 21 U.S.C. § 841(a)(1). On January 11, 2002, Petitioner was sentenced to 121 months imprisonment and 5 years of supervised release. Petitioner did not seek review of his convictions or sentences on direct appeal. On January 13, 2003, this Court granted the Government's Motion to Reduce Sentence Pursuant to Rule 35 of the Federal Rules of Criminal Procedure. Accordingly, Petitioner's sentence was reduced from 121 months to 80 months. On March 17, 2009, this Court entered a judgment revoking Petitioner's supervised

In the motion, Petitioner asserts that he pleaded "not guilty." However, the Court's own records clearly indicate that Petitioner pleaded guilty.

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release. Accordingly, this Court ordered that Petitioner be imprisoned for 50 months. The instant motion appears to attack the March 17, 2009, revocation proceeding. Specifically, Petitioner contends that he was denied effective assistance of counsel in connection with this proceeding. 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: July 8, 2010. s/ J. Phil Gilbert U. S. District Judge

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