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Sewell v. U.S.

United States District Court, S.D. Illinois
Oct 23, 2006
Civil No. 06-CV-686-DRH, Criminal No. 05-CR-30059 (S.D. Ill. Oct. 23, 2006)

Opinion

Civil No. 06-CV-686-DRH, Criminal No. 05-CR-30059.

October 23, 2006


MEMORANDUM AND ORDER


This matter is before the Court on Petitioner's motion for relief pursuant to 28 U.S.C. § 2255. On May 26, 2005, Petitioner pleaded guilty, pursuant to a written plea agreement, to one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). On September 1, 2005, Petitioner was sentenced to 46 months imprisonment, three years supervised release, a fine of $300, and a special assessment of $100. The judgment was entered on September 6, 2005. No appeal was taken. On September 5, 2006, Petitioner filed the instant motion under § 2255.

In his motion the Petitioner raises two grounds for relief: (1) that the Court failed to offer Petitioner credit to his federal sentence for time served in state custody for an underlying offense, and (2) that his counsel was ineffective for failing to file an appeal.

The Court ORDERS the Government to file a response to Petitioner's motion within THIRTY (30) DAYS of the date of this Order. The Government shall, as part of its response, attach all relevant portions of the record.

IT IS SO ORDERED.


Summaries of

Sewell v. U.S.

United States District Court, S.D. Illinois
Oct 23, 2006
Civil No. 06-CV-686-DRH, Criminal No. 05-CR-30059 (S.D. Ill. Oct. 23, 2006)
Case details for

Sewell v. U.S.

Case Details

Full title:WILBERT M. SEWELL, Petitioner/Defendant, v. UNITED STATES of AMERICA…

Court:United States District Court, S.D. Illinois

Date published: Oct 23, 2006

Citations

Civil No. 06-CV-686-DRH, Criminal No. 05-CR-30059 (S.D. Ill. Oct. 23, 2006)