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Ross v. United States

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


January 5, 2009

DANIEL W. ROSS, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA, RESPONDENT/PLAINTIFF.

The opinion of the court was delivered by: Steihl, 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 February 9, 2004, Petitioner was found guily, after a jury trial, of conspiracy to distribute cocaine base in violation of 21 U.S.C. §§ 841(a)(1) and 846, and possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841(a)(1). Petitioner was sentenced to total term of 360 months' imprisonment, a total of 5 years supervised release, a $1,200 fine, and a $200 special assessment. Petitioner's convictions and sentences were affirmed on direct appeal. See United States v. Ross, No. 04-2584 (7th Cir.) (Order affirming conviction dated June 9, 2005; and Order affirming sentence dated June 7, 2006). The Supreme Court of the United States denied Petitioner's application for a writ of certiorari on November 27, 2006. Ross v. United States, No. 06-6553 (Nov. 27, 2006). Petitioner filed the instant motion on December 3, 2007.

In his § 2255 motion, Petitioner asserts three claims that his counsel provided him ineffective assistance in violation of his constitutional rights.

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.

WILLIAM D. STIEHL DISTRICT JUDGE

20090105

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