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Murphy v. United States

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


August 31, 2006

DARRON J. MURPHY, SR., PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA, RESPONDENT/PLAINTIFF.

The opinion of the court was delivered by: Murphy, Chief District Judge

MEMORANDUM AND ORDER

This matter is before the Court on Petitioner's motion for relief pursuant to 28 U.S.C. § 2255. Petitioner was found guilty of "tampering with a witness who was going to testify against his son (Darron Murphy, Jr.); using a firearm while doing the tampering; being a felon in possession of a firearm; and two counts involving crack cocaine." United States v. Murphy, 406 F.3d 857, 859 (7th Cir. 2005), cert. denied, 126 S.Ct. 1022 (2006). On April 13, 2004, Petitioner was sentenced to 235 months imprisonment, 8 years supervised release, a fine of $750, and a special assessment of $500. His conviction and sentence were affirmed, Murphy, supra, 406 F.3d at 862; Petitioner then filed the instant motion under § 2255.

In his motion Petitioner claims that counsel was ineffective in failing to challenge the existence of a conspiracy, in failing to object to the jury instruction regarding "brandishing", and in failing to object to sentence enhancements.

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.

At this time, the Court DENIES Petitioner's motion for an evidentiary hearing (Doc. 3). After the Government files its response, the Court will determine whether or not a hearing is required. If so, the Court will so notify the parties at that time.

IT IS SO ORDERED.

G. PATRICK MURPHY Chief United States District Judge

20060831

© 1992-2006 VersusLaw Inc.



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