Foulks v. USA

Filing 3

MEMORANDUM AND ORDER, The Court ORDERS the Government to file a response to Foulks petition (Doc. 1) by February 9th, 2015. Signed by Judge J. Phil Gilbert on 1/7/2015. (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 her sentence pursuant to 28 U.S.C. § 2255. For the following
reasons, Foulks' motion survives this threshold review and the Court orders the government to file
its response.
On March 5, 2009, Antonio T. Foulks' plead guilty to three counts of distribution of crack
cocaine and one count of possession with intent to distribute crack cocaine pursuant to a plea
agreement. He was sentenced on June 4, 2009, to custody of the Bureau of Prisons for 77 months
on all counts to run concurrent. He was further sentenced to 3 years of supervised release on
Counts 1, 2, and 3 and 5 years of supervised release on Court 4, to run concurrent.
Petitioner began his supervised released on June 6, 2013, and a Motion for Revocation of
Supervised Release was filed on August 21, 2013. An Amended Motion for Revocation of
Supervised Release was filed on August 30, 2013, alleging that petitioner violated the terms of
supervised release by committing domestic battery; unlawful restraint; obstructing a peace officer;
unlawfully possessing a controlled substance on two occasions; failing to make payments; failing
to notify his probation officer with regard to his change of address; failing to report that he had

contact with law enforcement; and failing to file his monthly written report. At the hearing on
November 1, 2013, petitioner admitted the allegations (for the purposes of the hearing only) and
the Court revoked petitioner's supervised release. The Court sentenced him to 24 months on
Counts 1, 2 and 3 and 33 months on Count 4, all counts to run concurrent.
Petitioner filed his 28 U.S.C. § 2255 Petition on October 31, 2014, alleging ineffective
assistance of counsel at the revocation hearing. The Court has reviewed the petition and has
identified the following claim:
1.

Whether Petitioner was denied due process by ineffective assistance of counsel for

failing to appeal the revocation decision.
The Court ORDERS the Government to file a response to Foulks’ petition (Doc. 1) by
February 9th, 2015. 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 23rd, 2015.

If

review of the briefs indicates that an evidentiary hearing is warranted, the court will set the hearing
by separate notice.
IT IS SO ORDERED.
DATED:

1/7/2015
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE