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Gordon v. United States

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


December 20, 2006

MARIO L. GORDON, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA, RESPONDENT/PLAINTIFF.

The opinion of the court was delivered by: Stiehl, 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 January 15, 2004, Petitioner was found guilty by a jury of one count of conspiracy to distribute and possess with intent to distribute cocaine base, in violation of 21 U.S.C. § 841(a)(1) and one count of possession with intent to distribute cocaine base also in violation of 21 U.S.C. § 841(a)(1). On April 23, 2004, Petitioner was sentenced to 360 months imprisonment on the first count and 240 months imprisonment on the second count, terms to be served concurrently; five years supervised release on the first count and three years supervised release on the second count, terms to run concurrently; a fine of $500; and a special assessment of $200. On July 21, 2006, the United States Court of Appeals for the Seventh Circuit affirmed Petitioner's sentence and conviction. On December 7, 2006, Petitioner filed the instant motion under § 2255.

In his motion the Petitioner raises two grounds for relief: (1) that he received ineffective assistance of appellate counsel, and (2) that it was a manifest injustice for the court to find that he is a career offender.

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.

WILLIAM D. STIEHL DISTRICT JUDGE

20061220

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