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Smith v. United States

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


July 23, 2010

WALTER C. SMITH III, 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 to vacate, set aside, or correct sentence, pursuant to 28 U.S.C. § 2255. On October 22, 2007, Petitioner was found guilty, after a jury trial, of eight cocaine-related offenses. On February 14, 2008, Petitioner was sentenced to life imprisonment. Petitioner's conviction and sentence were affirmed on direct appeal. See United States v. Smith, 576 F.3d 762 (7th Cir. 2009). Petitioner's application for a writ of certiorari to the Supreme Court of the United States was denied. See Smith v. United States, 130 S.Ct. 1029 (2009).

In his § 2255 motion, Petitioner asserts that his rights under the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments were violated.

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

20100723

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