Foulks v. USA

Filing 28

MEMORANDUM AND ORDER, The Court ORDERS the Government to file a response to the remaining issue in Foulks petition (Doc. 1) by February 1st, 2016. Signed by Judge J. Phil Gilbert on 1/4/2016. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ANTONIO T. FOULKS,
Petitioner,
v.

Case No. 14-cv-01237-JPG

UNITED STATES OF AMERICA,
Respondent.
MEMORANDUM AND ORDER

This matter comes before the Court on petitioner Antonio T. Foulks' Motion (Doc. 1) to
Vacate, Set Aside or Correct his sentence pursuant to 28 U.S.C. § 2255. Petitioner Foulks' motion
survived threshold review (Doc. 3) and the Court conducted a hearing with regard to the sole issue
of whether Petitioner was denied due process by ineffective assistance of counsel for failing to
appeal the revocation decision. After hearing the testimony and arguments, the Court found that
there was no ineffective assistance of counsel with regard to the filing of an appeal.
Petitioner’s § 2255 motion also claims that his sentence is unconstitutional because of
ineffective assistance of counsel in that his counsel allowed him to plead to a charge that was
dismissed which resulted in higher sentence.
Therefore, the Court ORDERS the Government to file a response to the remaining issue in
Foulks’ petition (Doc. 1) by February 1st, 2016. The Government shall, as part of its response,
attach all relevant portions of the record. Petitioner may file a reply brief (no longer than 5 pages)
by February 29th, 2016.

If a review of the briefs indicate that an evidentiary hearing is warranted, the court will set
the hearing by separate notice.
IT IS SO ORDERED.
DATED: 1/4/2016
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE