Childers v. USA

Filing 4

MEMORANDUM AND ORDER Directing the Clerk of Court to file the 2255 petition in Case No. 12-cv-666 (Doc. 1) as a supplement to the 2255 petition in Case 12-648. All further filings shall be made in Case No. 12-648-JPG. The Court Orders the Government to file a response to the petitioner's 2255 motion and its supplement. Signed by Judge J. Phil Gilbert on 11/16/12. (bkl)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JESSICA N. CHILDERS,
Petitioner,
v.

Civil No. 12-cv-648-JPG

UNITED STATES OF AMERICA,

Criminal No 11-cr-40067-JPG

Respondent.

JESSICA N. CHILDERS,
Petitioner,
v.

Civil No. 12-cv-666-JPG

UNITED STATES OF AMERICA,

Criminal No 11-cr-40067-JPG

Respondent.,
MEMORANDUM AND ORDER
This matter comes before the Court on petitioner Jessica N. Childers’ two motions to
vacate, set aside or correct her sentence pursuant to 28 U.S.C. § 2255. The motions were filed as
separate cases, but the Court believes they constitute two iterations of a single petition.
Accordingly, the Court DIRECTS the Clerk of Court to file the § 2255 petition in Case No.
12-cv-666-JPG (Doc. 1) as a supplement to the § 2255 petition in Case No. 12-cv-648-JPG (Doc.
1) and to close Case No. 12-cv-666-JPG. All further filings shall be made in Case No.
12-cv-648-JPG. The Court now reviews the petition and its supplement pursuant to Rule 4(b) of
the Rules Governing § 2255 Proceedings.
On August 11, 2011, Childers waived indictment and pled guilty pursuant to a written plea
agreement to an information alleging one count of conspiracy to submit false, fictitious and
fraudulent claims to the United States in violation of 18 U.S.C. § 286 (Count 1), one count of
receiving money stolen from the United States in violation of 18 U.S.C. § 641 (Count 2), and one
count of aggravated identity theft in violation of 18 U.S.C. § 1028A(a)(1) and (c)(1) (Count 3).
On January 13, 2012, the Court sentenced Childers to serve 84 months in prison on Counts 1 and 2

and to serve 24 months on Count 3 to run consecutive to the term for Counts 1 and 2, for a total
sentence of 108 months in prison. The petitioner did not appeal her sentence.
On May 21, 2012, the petitioner filed a § 2255 motion, and on May 29, 2012, she filed the
supplement. The Court has reviewed the two filings and identifies the following claims:
1. Childers’ plea was involuntary because she was unable to understand what she was doing
because she was on psychiatric drugs at the time of the plea;
2. Counsel for the plea was ineffective in the following ways, which rendered Childers’ guilty
plea involuntary:
a.
failing to explain the plea agreement to Childers prior to the plea, including the
waiver of appeal rights; and
b.
failing to give Childers a reasonably accurate estimate of her likely sentence prior
to the plea, including the total likely term of imprisonment, the 2-year consecutive
term for Count 3, and the location she would likely serve her term of imprisonment;
3. Counsel for the plea was ineffective in failing to ask the presiding judge to recuse himself;
and
4. Childers’ conviction was obtained in violation of her right against self-incrimination and
her right to counsel because she was not given Miranda warnings before she spoke with
law enforcement agents and because she was not given her medication during the
interview.
The Court ORDERS the Government to file a response to the petitioner’s § 2255 motion
and its supplement, using the designations set forth above, within THIRTY DAYS of the date of
this order. The Government shall, as part of its response, attach all relevant portions of the record
in the underlying criminal case.
IT IS SO ORDERED.
DATED: November 16, 2012
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE