Hopkins v. United States of America

Filing 2

MEMORANDUM AND ORDER Directing Government to respond to the Section 2255 motion. Signed by Chief Judge David R. Herndon on 7/14/2010. (jwt)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

TOMMIE LEE HOPKINS, Petitioner/Defendant, vs. UNITED STATES of AMERICA , Respondent/Plaintiff.

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CIVIL NO. 10-cv-384-DRH CRIMINAL NO. 08-cr-30226

MEMORANDUM AND ORDER

HERNDON, Chief Judge: This matter is before the Court on Petitioner's motion for relief pursuant to 28 U.S.C. § 2255 (Doc. 1). Petitioner pleaded guilty to two counts of distributing cocaine base in violation of 21 U.S.C. § 841(a)(1). On November 20, 2009, Petitioner was sentenced to 70 months imprisonment, 4 years supervised release, a $200 assessment, and a $700 fine. Petitioner filed a direct appeal concerning his sentence, but subsequently dismissed the appeal. United States v. Hopkins, No. 09-3881 (7th Cir., dismissing the appeal May 20, 2010). In his § 2255 motion, Petitioner asserts that his guilty plea was "unlawfully induced" and that his trial counsel provided ineffective assistance. 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 14, 2010.

/s/ DavidRHerndon DISTRICT JUDGE

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