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Torres v. United States

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


July 22, 2009

FRANCISCO TORRES, 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 January 13, 2006 Petitioner pleaded guilty to knowingly and intentionally conspiring to distribute 12,000 dosage units of MDMA in violation of 21 U.S.C. 841(a)(1) and 21 U.S.C. 846. On May 17, 2006, Petitioner was sentenced to 235 months imprisonment, 3 years supervised release, a fine of $500, and a special assessment of $100. Petitioner's conviction and sentence were affirmed on direct appeal. U.S. v. Torres, 217 Fed.Appx. 540 (7th Cir. 2007). Petitioner's application for a writ of certiorari to the Supreme Court of the United States was denied. Torres v. U.S., 128 S.Ct. 111 (U.S. 2007).

In his § 2255 motion, Petitioner asserts the following three ineffective assistance of counsel claims: (1) that his attorney failed to understand the law properly when he advised him to plead guilty; (2) that his attorney failed to explain to him that without a trial he would lose the ability to confront the witnesses against him; and (3) that several of his sentence enhancements were based on witness testimony that his attorney should have worked to discredit.

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

20090722

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