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Peyla v. United States

July 9, 2008

MICHAEL R. PEYLA, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA, RESPONDENT/PLAINTIFF.



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

MEMORANDUM AND ORDER

Petitioner entered an open plea to charges involving the possession and distribution of marijuana. He was sentenced to 150 months imprisonment, five years supervised release, a fine of $6,000, and a special assessment of $200. On appeal, he challenged several aspects involving calculation of his sentence, none of which were successful. United States v. Peyla, 208 Fed.Appx. 472 (7th Cir., Dec. 12, 2006), cert. denied, 127 S.Ct. 2056 (2007), reh'g denied, 127 S.Ct. 2908 (2007). Petitioner then filed the instant motion under § 2255.

In his motion, Petitioner raises four grounds for relief: (1) trial counsel was ineffective in failing to properly advise him of the risks of testifying at his sentencing hearing; (2) trial counsel was ineffective during plea negotiations; (3) trial counsel was ineffective in advising him to reject the government's sentencing offer; and (4) his sentence was imposed in violation of his right to proof of all factors beyond a reasonable doubt.

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

20080709

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