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Runion v. United States

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


July 16, 2009

BRIAN A. RUNION, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA, RESPONDENT/PLAINTIFF.

The opinion of the court was delivered by: Gilbert, 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 December 21, 2006, Petitioner pleaded guilty to being a felon in possession of a firearm. On April 3, 2007, Petitioner was sentenced to 180 months imprisonment.

In his original motion, Petitioner raises one ground for relief: that he was sentenced as an Armed Career Offender based on several previous drunk driving convictions and, because of the United States Supreme Court's decision in Begay v. United States, 553 U.S. , 126 S.Ct. 1581 (2008), the enhanced sentence is improper.

The Court ORDERS the Government to file a response to Petitioner's motion (and amendment thereto) 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

20090716

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