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Kenneth L. Kirkland v. United States of America

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


March 28, 2011

KENNETH L. KIRKLAND,
PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA , RESPONDENT/PLAINTIFF.

The opinion of the court was delivered by: Reagan, District Judge:

07824-025

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. Petitioner was found guilty of possession with intent to distribute 50 grams or more of cocaine base in violation of 21 U.S.C. § 841(a)(1). On April 30, 2008, Petitioner was sentenced to 240 months of imprisonment, 10 years of supervised release, a fine of $500, and a special assessment of $100. Petitioner's conviction and sentence were affirmed on direct appeal. United States v. Kirkland, 567 F.3d 316 (7th Cir. 2009). Petitioner's application for a writ of certiorari to the Supreme Court of the United States was denied. Kirkland v. United States, 130 S.Ct. 1120 (2010).

In his Section 2255 motion, Petitioner raises an ineffective assistance of counsel claim. Specifically, Petitioner claims that counsel was ineffective for failing to file a motion to suppress the confession Petitioner made to DEA Agent Rigel. Petitioner made this confession after being detained for over 48 hours, and prior to Petitioner being brought before a magistrate judge for a probable cause hearing, as required by Federal Rules of Criminal Procedure 5(a).

The Court ORDERS the Government to file a response to Petitioner's motion within THIRTY (30) DAYS of the date of this Order (on or before April 27, 2011). The Government shall, as part of its response, attach all relevant portions of the record.

IT IS SO ORDERED.

MICHAEL J. REAGAN DISTRICT JUDGE

20110328

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