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Wingate v. United States

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


February 26, 2007

TYRONE B. WINGATE, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA , RESPONDENT/PLAINTIFF.

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

MEMORANDUM AND ORDER

After a November 8, 2006, hearing in which Petitioner admitted violating the terms of his supervised release, the Court revoked Petitioner's supervised release and sentenced him to 12 months plus one day imprisonment to be followed by an additional 38 months supervised release. Petitioner now challenges that revocation in a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. Petitioner also seeks leave to proceed in forma pauperis in the action (Doc. 2). That motion is GRANTED. Petitioner argues, specifically, that his counsel was ineffective in that she failed to object to the judge's imposition of community confinement as a condition of supervised release.

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.

MICHAEL J. REAGAN United States District Judge

20070226

© 1992-2007 VersusLaw Inc.



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