Robertson v. USA

Filing 2

ORDER setting briefing on 1 Motion to Vacate Sentence per 28 U.S.C. § 2255 by Bernard W. Robertson. Brief in Opposition due 10/1/2013. Brief in Reply due 10/22/2013. Signed by District Judge Barbara B. Crabb on 9/10/2013. (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - UNITED STATES OF AMERICA,
ORDER
Plaintiff,
10-cr-186-bbc
13-cv-628-bbc

v.
BERNARD W. ROBERTSON,
Defendant.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Defendant Bernard W. Robertson has filed a motion for post conviction relief under
28 U.S.C. § 2255, contending that he was denied the effective assistance of counsel when
he was charged with conspiracy to possess pseudoephedrine with intent to manufacture it.
He lists four ways in which he believes that his counsel was ineffective: (1) he failed to
challenge the quantity of pseudoephedrine, although defendant believes he could have shown
that information on that point in the presentence report was not truthful; (2) he failed to
challenge the truthfulness of testimony provided to the grand jury; (3) he did not obtain any
records or statements from defendant’s former employers to refute the probation officer’s
claims that defendant’s only income came from dealing methamphetamine; and (4) he did
not provide any good character information that his investigator had discovered, including
his good history of employment, his work ethic, his standing in the community and his good
qualities as a father.

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Defendant’s motion is timely. It was filed well within a year of the time in which his
conviction became final, which would have been 90 days after his appeal was dismissed by
the Court of Appeals for the Seventh Circuit on November 19, 2012. Clay v. United States,
537 U.S. 522, 529-30 (2003) (in § 2255 proceeding, the “one year after the date on which
the judgment of conviction becomes final” includes 90-day period for filing petition for writ
of certiorari even if defendant chooses not to file one).

Accordingly, I will order the

government to respond to the motion.

ORDER
IT IS ORDERED that plaintiff United States of America may have until October 1,
2013 in which to respond to defendant’s motion for post conviction relief; defendant may
have until October 22, 2013 in which to file a reply.
Entered this 10th day of September, 2013.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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