Weldon v. United States of America

Filing 2

ORDER directing the government to respond to the 28 U.S.C. 2255 petition on or before July 21, 2014. Signed by Chief Judge David R. Herndon on 6/24/14. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SCOTT WELDON,
Petitioner,
No. 14-0691-DRH

vs.
UNITED STATES OF AMERICA,
Respondent.

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 (Doc. 1). On May
5, 2011, Weldon plead guilty to one count of distribution of a controlled
substance resulting in death in violation of 21 U.S.C. § 841(a)(1) and
(b)(1)(C). See United States v. Weldon, 10-30066-DRH; Docs. 55, 56 &
59. Thereafter, on January 19, 2011, the Court sentenced Weldon to 96
months imprisonment.

Id. at Docs. 96 & 98.

During the proceedings,

Weldon was represented by attorney Todd M. Schultz of the Federal Public
Defender’s Office. Weldon did not appeal his criminal judgment.
Weldon’s § 2255 petition relies on the Supreme Court’s recent
holding in Burrage v. United States, --- U.S. ---, 134 S.Ct. 881 (2014).

Page 1 of 2

Thus, the Court ORDERS the government to file a response to
petitioner’s motion on or before July 21, 2014.

By ordering the

government to respond, the Court is not commenting whether Weldon’s
claims are properly brought before the Court. The government shall, as
part of its response, attach all relevant portions of the record.
IT IS SO ORDERED.
Signed this 24th day of June, 2014.

Digitally signed by
David R. Herndon
Date: 2014.06.24
09:12:43 -05'00'
Chief Judge
United States District Court

Page 2 of 2