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McKinney v. United States

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


April 12, 2010

KENDEL W. MCKINNEY, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA , RESPONDENT/PLAINTIFF.

The opinion of the court was delivered by: J. Phil Gilbert U. S. District Judge

MEMORANDUM AND ORDER

GILBERT, District Judge

Petitioner Kendel McKinney entered an open plea of guilty to two counts involving the distribution of crack cocaine. McKinney was sentenced to 293 months imprisonment, six years supervised release, a fine of $500, and a special assessment of $100. On direct appeal, he argued that his sentence was unreasonable, and that this Court did not provide adequate justification for the upward departure in his sentence. The Seventh Circuit rejected McKinney's argument, affirming his sentence. United States v. McKinney, 543 F.3d 911 (7th Cir. 2008). McKinney then filed the instant motion pursuant to 28 U.S.C. § 2255.

In his motion, as detailed in his supporting memorandum, McKinney argues that Counsel was constitutionally ineffective in failing to challenge his criminal history computation. He also asserts that Counsel did not properly advise him of potential sentencing enhancements, thus rendering his guilty plea involuntary and unknowing.

The Court ORDERS the Government to file a response to McKinney'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.

20100412

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