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Tolliver v. United States

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


July 14, 2008

JOHN L. TOLLIVER, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA, RESPONDENT/PLAINTIFF.

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

MEMORANDUM AND ORDER

Petitioner was found guilty of conspiring to distribute crack cocaine; he was sentenced to 240 months imprisonment, 10 years supervised release, a fine of $250, and a special assessment of $100. On appeal, Petitioner raised two evidentiary arguments as well as a challenge to portions of the jury instructions, but his appeal was unsuccessful. United States v. Tolliver, 454 F.3d 660 (7th Cir. 2006), cert. denied sub nom, Dunklin v. United States, 127 S.Ct. 1019 (2007). Petitioner then filed the instant motion under 28 U.S.C. § 2255.

In his motion the Petitioner raises several grounds for relief: (1) the government knowingly used inadmissible evidence and false testimony against him; (2) Counsel was ineffective in failing to argue the insufficiency of the evidence; (3) Counsel failed to effectively challenge improper jury selections; (4) Counsel failed to request hearing pursuant to Rule 801(d)(2)(E) of the Federal Rules of Evidence; (5) Counsel failed to challenge discrepancies between the indictment and the evidence presented at trial; (6) Counsel failed to pursue favorable evidence that was withheld by the prosecution; and (7) Counsel failed to challenge the admission into evidence of prior bad acts.

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.

J. Phil Gilbert U. S. District Judge

20080714

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