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Cooper v. United States

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


November 6, 2009

JAMES A. COOPER, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA , RESPONDENT/PLAINTIFF.

The opinion of the court was delivered by: Herndon, Chief 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. Petitioner was found guilty, after a jury trial, of drug and gun charges, 21 U.S.C. §§ 846, 841(a)(1); 18 U.S.C. § 922(g)(1). United States v. Cooper, Case No. 03-cr-40059 (S.D. Ill.). Petitioner was sentenced to a total of 285 months imprisonment. Id. Petitioner appealed his convictions and sentences, but the appeal was dismissed. United States v. Cooper, Case No. 05-4165 (7th Cir. May 24, 2007). Petitioner sought, but was denied, a writ of certiorari to the Supreme Court of the United States. United States v. Cooper, 128 S.Ct. 1445 (2008).

In his § 2255 motion, Petitioner asserts eight claims of ineffective assistance of counsel. 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, address whether the instant motion is time barred under 28 U.S.C. § 2255(f). Additionally, the Government shall, as part of its response, attach all relevant portions of the record.

IT IS SO ORDERED.

David R Herndon DISTRICT JUDGE

20091106

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