Lovett v. USA

Filing 8

MEMORANDUM AND ORDER Directing the Government to respond to the Section 2255 motion. Signed by Chief Judge David R. Herndon on 8/9/2010. (jwt)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS LARRY D. LOVETT, Petitioner/Defendant, vs. UNITED STATES of AMERICA, Respondent/Plaintiff. ) ) ) ) ) ) ) ) ) CIVIL NO. 10-cv-448-DRH CRIMINAL NO. 07-cr-3009 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. Petitioner pleaded guilty, with the benefit of a written plea agreement, to multiple drug offenses involving crack cocaine and cocaine hydrochloride in violation of 21 U.S.C. 841(a)(1) and 846. On June 18, 2009, Petitioner was sentenced as a career offender to 276 months imprisonment, 10 years supervised release, a $400 special assessment, and a fine of $1,000. Petitioner sought a direct appeal concerning his sentence, but the appeal was dismissed as untimely. United States v. Lovett, No. 09-2802 (7th Cir. Jan. 20, 2010).. In his 2255 motion, Petitioner raises multiple grounds of ineffective assistance of counsel. The 2255 motion includes a claim that the portion of his plea agreement waiving his appeal and collateral relief rights should be severed from the plea agreement because Petitioner agreed to the waiver unknowingly and unintelligently due to the ineffective assistance of his trial counsel. 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: August 9, 2010 /s/ DavidRHerndon DISTRICT JUDGE 2

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