Washington v. USA

Filing 2

ORDER DIRECTING the Government to respond to 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Ronald Washington on or before 10/14/2014. Signed by Chief Judge David R. Herndon on 09/10/2014. (kbl)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RONALD WASHINGTON,
Petitioner,
v.

Civil Case No. 14-cv-933-DRH
Criminal Case No. 12-cr-30059-DRH-1

UNITED STATES OF AMERICA,
Respondent.
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 (Doc. 1). On August 9,
2012, petitioner pled guilty before Magistrate Judge Stephen C. Williams to one
count of attempted possession with intent to distribute 500g or more of cocaine
(Doc. 22). On November 16, 2012, the undersigned sentenced petitioner to a
term of 60 months, said term to run consecutively to the undischarged term of
imprisonment in the Eastern District of Missouri, Case No. 4:05CR13RWS, and
four years’ supervised release. Petitioner subsequently filed a notice of appeal
(Doc. 45). The Seventh Circuit granted his counsel’s motion to withdraw and
dismissed petitioner’s appeal (Doc. 67).

While his appeal was pending,

petitioner filed a motion to set aside and vacate judgment (Doc. 62) that this
Court denied for lack of jurisdiction (Doc. 63).
Petitioner now raises four grounds in his § 2255 petition including a
ground relying on the recent decision in United State v. Harden, 2014 WL
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3397699 (7th Cir. 2014) 1. 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 October 14, 2014.

By ordering the

government to respond, the Court is 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 10th day of September, 2014.

Digitally signed
by David R.
Herndon
Date: 2014.09.10
18:31:15 -05'00'
Chief Judge
United States District Court

1

Petitioner incorrectly identified the case as Harding v. United States (7th Cir. 2014).
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