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Montgomery v. United States

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


July 13, 2010

CALVIN C. MONTGOMERY, 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's motion for relief pursuant to 28 U.S.C. § 2255 Petitioner pleaded guilty, pursuant to a written plea agreement, to one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). On March 20, 2008, Petitioner was sentenced 188 months imprisonment, 5 years supervised release, a $100 assessment, and a $750 fine. Petitioner filed a direct appeal, but the decisions of this Court were affirmed by the Seventh Circuit Court of Appeals. United States v. Montgomery No. 08-1690 (7th Cir., affirming district court February 13, 2009). Petitioner sought, but was denied, a petition for a writ of certiorari from the Supreme Court of the United States. Montgomery v. United States, 129 S.Ct. 2413 (2009).

In his § 2255 motion, Petitioner contends that both his trial counsel and his appellate counsel provided him ineffective assistance.

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.

David R Herndon DISTRICT JUDGE

20100713

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