Smith v. USA

Filing 2

MEMORANDUM AND ORDER Directing the Government to respond to the Sec. 2255 motion. Signed by Chief Judge David R. Herndon on 7/23/2010. (jwt)

Smith v. USA

Doc. 2

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

WALTER C. SMITH III, Petitioner/Defendant, vs. UNITED STATES of AMERICA , Respondent/Plaintiff.

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CIVIL NO. 10-cv-536-DRH CRIMINAL NO. 06-cr-30070

MEMORANDUM AND ORDER

HERNDON, Chief Judge: This matter is before the Court on Petitioner's motion to vacate, set aside, or correct sentence, pursuant to 28 U.S.C. § 2255. On October 22, 2007, Petitioner was found guilty, after a jury trial, of eight cocaine-related offenses. On February 14, 2008, Petitioner was sentenced to life

imprisonment. Petitioner's conviction and sentence were affirmed on direct appeal. See United States v. Smith, 576 F.3d 762 (7th Cir. 2009). Petitioner's application for a writ of certiorari to the Supreme Court of the United States was denied. See Smith v. United States, 130 S.Ct. 1029 (2009). In his § 2255 motion, Petitioner asserts that his rights under the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments were violated . 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

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all relevant portions of the record. IT IS SO ORDERED. DATED: July 23, 2010.

/s/ DavidRHerndon DISTRICT JUDGE

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