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Samuels v. United States

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


November 7, 2009

MARK A. SAMUELS, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA , RESPONDENT/PLAINTIFF.

The opinion of the court was delivered by: Michael J. Reagan United States District Judge

MEMORANDUM AND ORDER

REAGAN, District Judge

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 aiding and abetting a felon in possession of a firearm in violation of 18 U.S.C. §§ 2 and 922(g)(1). United States v. Samuels, Case No. 04-cr-30155 (S.D. Ill.). Petitioner was sentenced to 78 months imprisonment. Id. Petitioner's conviction and sentence were affirmed on direct appeal. United States v. Samuels, Case No. 06-3713 (7th Cir. April 10, 2008).

In his § 2255 motion, Petitioner asserts: (1) that his sentence violated his Sixth Amendment right to a jury trial; (2) that his counsel provide ineffective assistance; and (3) that the trial court violated his "right to plea" when it rejected his Alford plea

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.

20091107

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