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Veach v. United States

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


October 25, 2007

JOHN RODNEY VEACH, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA , RESPONDENT/PLAINTIFF.

The opinion of the court was delivered by: G. Patrick Murphy United States District Judge

ORDER

MURPHY, District Judge

This matter is before the Court on Petitioner's motion for relief pursuant to 28 U.S.C. § 2255. On July 22, 2003, Petitioner pleaded guilty to one count involving the possession and distribution of cocaine; he was sentenced to 188 months imprisonment, 3 years supervised release, a fine of $1000, and a special assessment of $100. A year after his appeal was denied, Petitioner filed the instant motion under § 2255.

Although Petitioner concedes that he waived his right to file a collateral challenge to his sentence, he now argues that trial counsel was constitutionally ineffective during plea negotiations and sentencing, such as to render counsel virtually non-existent.

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.

20071025

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