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Ellis v. United States

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


July 1, 2010

JAMES T. ELLIS, 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 James T. Ellis's motion for relief pursuant to 28 U.S.C. § 2255. Ellis was convicted by a jury on one count of conspiracy to distribute and possess with intent to distribute cocaine, cocaine base, and marijuana; he was sentenced to 288 months imprisonment, 10 years supervised release, a fine of $1,250, and a special assessment of $100. His conviction and sentence were affirmed on appeal. United States v. Farmer, 543 F.3d 363, 369-72 (7th Cir. 2008). Ellis then filed the instant motion under § 2255. He followed that with a motion to amend (Doc. 3), in which he seeks to add one more ground for relief. The motion to amend is GRANTED; the sole ground raised in the amendment shall be considered a supplement to the original § 2255 motion.

Ellis raises several grounds of ineffective assistance of counsel: counsel was ineffective in failing to advise him to accept a plea agreement; counsel was ineffective at sentencing in failing to object to a two-level enhancement for possession of a gun; counsel was ineffective at sentencing in failing to object to the calculation of his relevant conduct; counsel was ineffective in failing to object to certain witness testimony; and counsel was ineffective in failing to object to a sentence enhancement due to a prior drug conviction.

The Court ORDERS the Government to file a response to Ellis'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

20100701

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