Fuller v. USA

Filing 3

MEMORANDUM AND ORDER directing govt response to 2255 motion; finding moot 2 MOTION to Compel. Signed by Chief Judge David R. Herndon on 8/3/10. (eed)

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

CIVIL NO. 10-cv-267-DRH CRIMINAL NO. 06-cr-30117

MEMORANDUM AND ORDER HERNDON, Chief Judge: This matter is before the Court on Petitioner Montez Fuller's motion for relief pursuant to 28 U.S.C. § 2255. A jury found Fuller guilty of two counts of armed bank robbery and two counts of using of a firearm during a crime of violence. On January 18, 2008, Fuller was sentenced to an aggregate term of 564 months imprisonment, five years supervised release, restitution of $58,316, and a special assessment of $400. His conviction and sentence were affirmed on appeal. United States v. Fuller, 306 Fed.Appx. 297 (7th Cir.), cert. denied 129 S.Ct. 2037 (2009). Fuller then filed the instant motion under § 2255. In his motion, Fuller argues: (1) he was denied a trial within the constraints of the Speedy Trial Act; (2) he was denied due process due to introduction of unreliable evidence and testimony; (3) counsel was ineffective in failing to investigate government witnesses and failing to challenge warrantless searches, (4) he was denied his choice of counsel despite a conflict; (5) counsel was ineffective in failing to present evidence that other suspects had committed the robbery he was

charged with; (6) counsel was ineffective in failing to attempt to suppress the testimony of government witness Joyce Purcell; and (7) counsel was ineffective in failing to file a motion for new trial after discovery of new evidence. The Court ORDERS the Government to file a response to Fuller'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. Fuller's motion to compel (Doc. 2) is now MOOT. IT IS SO ORDERED. DATED: August 3, 2010. /s/ DavidRHerndon CHIEF JUDGE UNITED STATES DISTRICT COURT

-2-