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Moore v. United States

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


June 25, 2010

MARCUS T. MOORE, 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 Marcus Moore's motion for relief pursuant to 28 U.S.C. § 2255. Without benefit of a plea agreement, Moore pleaded guilty to four counts involving the distribution of crack cocaine; he was sentenced to 188 months imprisonment, six years supervised release, a fine of $400, and a special assessment of $400. United States v. Moore, 302 Fed.Appx. 483 (7th Cir. 2008).

Moore then filed the instant motion under § 2255. He followed that with a motion to amend (Doc. 4), in which he seeks to modify his two grounds for relief. This motion to amend is GRANTED; the grounds raised in the amendment shall be considered a supplement to the original § 2255 motion.

In his motion and amendment, Moore argues that counsel was ineffective in failing to object to calculation of his sentence, and that counsel was ineffective in failing to identify viable issues on appeal.

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

David R. Herndon CHIEF JUDGE UNITED STATES DISTRICT COURT

20100625

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