United States District Court, S.D. Illinois
August 9, 2005.
DELBERT L. CHATMON, Petitioner/Defendant,
UNITED STATES of AMERICA, Respondent/Plaintiff.
The opinion of the court was delivered by: DAVID HERNDON, District Judge
MEMORANDUM AND ORDER
This matter is before the Court on Petitioner's motion for
relief pursuant to 28 U.S.C. § 2255. Following a jury trial,
Petitioner was found guilty of conspiracy to possess and
distribute more than 50 grams of crack cocaine, a violation of
21 U.S.C. §§ 841(a)(1), 846. On February 20, 2002, he was sentenced
to life imprisonment, 10 years supervised release if paroled, a
fine of $2500, and a special assessment of $100. On appeal, the
calculation of his sentence was affirmed. United States v.
Chatmon, 324 F.3d 889 (2003). Petitioner then filed the instant
motion under § 2255.
In his motion the Petitioner raises the following grounds for
relief: (1) the Government suborned perjured testimony, (2) the
Court erred in allowing a witness to invoke the Fifth Amendment's
protection against self-incrimination, (3) trial counsel was
ineffective in failing to argue for a buyer/seller jury
instruction, (4) appellate counsel was ineffective in failing to
raise the buyer/seller argument on appeal, and (5) trial counsel
was ineffective in his cross-examination of the Government's
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
IT IS SO ORDERED.
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