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Wyatt v. United States

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


October 11, 2006

JOHN M. WYATT, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA, RESPONDENT/PLAINTIFF.

The opinion of the court was delivered by: 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. On May 24, 2004, Petitioner entered a plea of guilty, pursuant to a conditional plea agreement, to possession with intent to distribute over 100 kilograms of marijuana, in violation of 21 U.S.C. § 841(a)(1). On August 30, 2004, Petitioner was sentenced to 262 months imprisonment, eight years supervised release, a fine of $500.00, and a special assessment of $100.00. The conditional plea agreement entered by Petitioner specifically reserved the right to appeal the Court's denial of Petitioner's motion to suppress; it did not include a provision waiving Petitioner's rights to appeal or file a collateral attack on the sentence pursuant to 28 U.S.C. § 2255. On August 30, 2004, Plaintiff filed his notice of appeal. The Court of Appeals for the Seventh Circuit affirmed Petitioner's conviction and sentence on May 16, 2005. See United States v. Wyatt, 133 Fed. Appx. 310 (7th Cir. 2005). On April 26, 2006, Petitioner filed the instant motion under § 2255.

In his motion the Petitioner raises 28 grounds for relief, and seeks to add a 29th ground in a motion to amend the petition filed May 19, 2006 (Doc. 2). That motion is GRANTED. Although the filings list 29 separate grounds for relief, all of the grounds are claims of ineffective assistance of counsel.

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.

David R. Herndon DISTRICT JUDGE

20061011

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