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Henson v. United States

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


November 24, 2008

JARROD L. HENSON, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA, RESPONDENT/PLAINTIFF.

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

MEMORANDUM AND ORDER

This matter is before the Court on Petitioner's motion for relief pursuant to 28 U.S.C. § 2255. On July 21, 2006, Petitioner pleaded guilty to conspiracy to manufacture more than 50 grams of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A). On October 23, 2006, Petitioner was sentenced to 218 months imprisonment, 10 years supervised release, a fine of $750, and a special assessment of $100. On October 31, 2007, Petitioner filed the instant motion under § 2255.

In his motion the Petitioner raises two grounds for relief:

(1) ineffective assistance of counsel because counsel allegedly failed to investigate Petitioner's claim of mental deficiency; and (2) ineffective assistance of counsel in advising Petitioner to "unknowingly" accept responsibility for a quantity of methamphetamine that Petitioner asserts was impossible to have produced from the precursor chemicals he supplied.

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.

G. PATRICK MURPHY United States District Judge

20081124

© 1992-2008 VersusLaw Inc.



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