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Davis v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


November 30, 2005

KIMO K. DAVIS, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA , RESPONDENT/PLAINTIFF.

The opinion of the court was delivered by: David Rherndon District Judge

MEMORANDUM AND ORDER

This matter is before the Court on Petitioner's motion for relief pursuant to 28 U.S.C. § 2255. Without benefit of a plea agreement, Petitioner pleaded guilty to possession with intent to distribute 50 grams or more of cocaine base, a violation of 21 U.S.C. § 841(a)(1). On December 3, 2004, Petitioner was sentenced to 120 months imprisonment, five years supervised release, a fine of $750, and a special assessment of $100. On November 2, 2005, Petitioner filed the instant motion under § 2255, in which he raises just one ground for relief -- he asserts that Counsel was ineffective because Counsel failed to file a direct appeal as requested to challenge his sentence.

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.

20051130

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