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Wendt v. United States

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


September 24, 2008

JAMES T. WENDT, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA , RESPONDENT/PLAINTIFF.

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

MEMORANDUM AND ORDER

This matter is before the Court on Petitioner's motion to vacate, set aside, or correct sentence, pursuant to 28 U.S.C. § 2255. On June 23, 2005 Petitioner entered a conditional guilty plea to one count of possession with intent to distribute five kilograms or more of a mixture or substance containing cocaine hydrochloride in violation of 21 U.S.C. §§ 841(a)(1). On October 21, 2005, Petitioner was sentenced to 168 months imprisonment, five years supervised release, a fine of $1,000, and a special assessment of $100. Petitioner's conviction and sentence were affirmed on direct appeal. United States v. Wendt, 465 F.3d 814 (7th Cir. 2006).

In his motion, Petitioner raises four grounds for relief: (1) that he should have received credit for accepting responsibility; (2) that the Court did not properly consider the factors set forth in 18 U.S.C. § 3553; (3) that his appellate counsel was ineffective for not briefing grounds (1) and (2) in this motion on direct appeal; and (4) that his trial counsel was ineffective.

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 FURTHER ORDERED that Petitioner's motion for leave to proceed in forma pauperis (Doc. 2) is GRANTED.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20080924

© 1992-2008 VersusLaw Inc.



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