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Howliet v. United States

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


December 28, 2009

GERALD HOWLIET, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA, RESPONDENT/PLAINTIFF.

The opinion of the court was delivered by: Murphy, 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. Also before the Court is Petitioner's motion for leave to proceed in forma pauperis (Doc. 4).

Petitioner was found guilty, after a jury trial, of possession of cocaine with intent to distribute in violation of 21 U.S.C. §§ 2241(a)(1) and (b)(1)(A); possession of heroin with intent to distribute in violation of 21 U.S.C. §§ 2241(a)(1) and (b)(1)(C); and being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). On September 17, 2007, Petitioner was sentenced to life imprisonment on the cocaine conviction; 360 months imprisonment on the heroin conviction; and 120 months imprisonment on the firearms conviction, the terms to run concurrently. Petitioner's conviction and sentence were affirmed on direct appeal. United States v. Howliet, Case No. 07-3313 (7th Cir. Sept. 9, 2008). It appears that Petitioner did not seek an application for a writ of certiorari to the Supreme Court of the United States.

There is no fee for filing a § 2255 motion, and there is no other matter before the Court as to which Petitioner's status as a poor person is relevant. Therefore, Petitioner's motion to proceed in forma (Doc. 4) is DENIED without prejudice.

In his § 2255 motion, Petitioner raises 4 grounds for relief: illegal arrest, lack of probable cause, illegal seizure of money, and ineffective assistance of trial 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, attach all relevant portions of the record.

IT IS SO ORDERED.

G. PATRICK MURPHY United States District Judge

20091228

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