Johnson v. United States of America

Filing 2

ORDER DIRECTING the government to file a response to petitioner's motion on or before June 2, 2014. Signed by Chief Judge David R. Herndon on 5/5/2014. (mtm)

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

THETIS L. JOHNSON,
Petitioner,
v.

Civil Case No. 14-cv-474-DRH
Criminal Case No. 99-cr-30022-DRH-8

UNITED STATES OF AMERICA,
Respondent.
MEMORANDUM & ORDER
HERNDON, Chief Judge:
This matter is before the Court on petitioner Thetis L. Johnson’s motion to
vacate, set aside, or correct sentence, pursuant to 28 U.S.C. § 2255 (Doc. 1).
Petitioner was convicted of drug crimes in 1999. This Court sentenced petitioner
to 168 months’ imprisonment and 5 years’ supervised release. In 2010, he was
released. In 2013, this Court revoked his supervised release and imposed 48
months additional imprisonment to be followed by 12 months of supervised
release. At the final revocation proceedings, petitioner denied allegations that he
committed the offenses of distribution of marijuana and uttering counterfeit
obligations or security, but admitted all other accusations. This Court found
Johnson committed the contested violations; that he received counterfeit money
when he sold marijuana. The Court included a search authorization as a special

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condition of supervised release. It is the search condition that Johnson appealed
and which the Seventh Circuit affirmed on October 23, 2013.
Petitioner alleges ineffective assistance of counsel in connection with his
revocation proceedings. Pursuant to Rule 4 of the RULES GOVERNING SECTION 2255
PROCEEDINGS, the Court ORDERS the government to file a response to petitioner’s
motion on or before June 2, 2014. By ordering the government to respond, the
Court is of course not commenting as to whether petitioner’s claims are properly
before the Court.

The government shall, as part of its response, attach all

relevant portions of the record.
IT IS SO ORDERED.
Signed this 5th day of May, 2014.

Digitally signed by
David R. Herndon
Date: 2014.05.05
09:25:14 -05'00'
Chief Judge
United States District Judge

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