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Ellis v. United States

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


July 22, 2009

KELVIN ELLIS, 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 October 12, 2005, Petitioner pleaded guilty to three counts of obstructing justice. See 18 U.S.C. §§ 1512(c)(2) and 1503. On July 27, 2006, Petitioner was sentenced to 121 months imprisonment, three years supervised release, a fine of $12,500, and a special assessment of $300. Petitioner's conviction and sentence were affirmed on direct appeal. United States v. Ellis, Case No. 06-3112, 240 Fed. Appx. 146 (7th Cir. July 2, 2007). Petitioner's application for a writ of certiorari to the Supreme Court of the United States was denied. Ellis v. United States, Case No. 07-454, 128 S.Ct. 549 (Nov. 5, 2007).

In his § 2255 motion, Petitioner raises three grounds for relief: (1) ineffective assistance of counsel due to counsel's failure to interview and prepare for Petitioner's case; (2) ineffective assistance of counsel in not preparing entrapment defense; and (3) ineffective assistance of counsel because counsel allegedly failed to advise him of a potential defense.

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.

MICHAEL J. REAGAN United States District Judge

20090722

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