McCoy v. USA

Filing 2

ORDER DIRECTING the government to file a response re 1 McCoy's motion on or before January 21, 2014. The government shall, as part of its response, attach all relevant portions of the record.Signed by Chief Judge David R. Herndon on 12/20/2013. (mtm)

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

CHRISTOPHER H. McCOY,
Petitioner,
v.

Civil Case No. 13-cv-1318-DRH
Criminal Case No. 11-cr-30076-DRH

UNITED STATES OF AMERICA,
Respondent.

MEMORANDUM & ORDER
HERNDON, Chief Judge:
This matter is before the Court on petitioner Christopher H. McCoy’s
motion to vacate, set aside, or correct sentence, pursuant to 28 U.S.C. § 2255
(Doc. 1). McCoy pleaded guilty to using the Internet to entice a minor to engage in
illicit sexual activity, 18 U.S.C. § 2422(b); transferring obscene matter to a
minor, id. § 1470; and receiving, id. § 2252(a)(2), possessing, id. § 2252(a)(4)(B),
and distributing child pornography, id. § 2252(a)(2). On January 27, 2012, this
Court sentenced McCoy to a total of 327 months’ imprisonment and entered
judgment reflecting the same (Cr. Doc. 33). McCoy appealed this Court’s imposed
sentence and the Seventh Circuit affirmed. See United States v. McCoy, 493 Fed.

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App’x. 767 (7th Cir. 2012), cert. denied, 133 S. Ct. 992, 184 L.Ed.2d 770, 81
USLW 3409 (Jan. 22, 2013) (No. 12-7755).
McCoy’s instant motion raises various claims of ineffective assistance of
counsel and argues insufficiency of the evidence as to Count I, He asks that this
Court vacate his sentence and conviction on Count 1, allow him to withdraw his
guilty plea, and proceed to trial.
Pursuant to Rule 4 of the RULES GOVERNING SECTION 2255 PROCEEDINGS, the
Court ORDERS the government to file a response to McCoy’s motion on or before
January 21, 2014. The government shall, as part of its response, attach all
relevant portions of the record.
IT IS SO ORDERED.
Signed this 20th day of December, 2013.

Digitally signed by
David R. Herndon
Date: 2013.12.20
13:38:14 -06'00'
Chief Judge
United States District Judge

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