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Terrance G. Watkins v. United States of America

July 21, 2011

TERRANCE G. WATKINS, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.



The opinion of the court was delivered by: Richard Mills, U.S. District Judge:

E-FILED

Friday, 22 July, 2011 08:19:06 AM

Clerk, U.S. District Court, ILCD

OPINION

This cause is before the Court on the Petitioner's motion under 28 U.S.C. § 2255. The Government has filed a response to the motion. Upon reviewing the record, the Court concludes that a hearing on the motion is not warranted.

On December 18, 2008 Petitioner Terrance J. Watkins was charged by Criminal Complaint with possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). On January 7, 2009, the Petitioner was charged in an Indictment with possession of 50 or more grams of cocaine base "crack" with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A).

On February 3, 2009, Assistant Federal Public Defender Robert Scherschligt moved to withdraw as counsel for the Petitioner. The Court granted the motion. On the same date, Bernard Shelton entered his appearance as retained counsel for the Petitioner.

On July 9, 2009, the Court allowed the motion of Mr. Shelton to withdraw as attorney for the Petitioner. Mr. Scherschligt was again appointed on the same date. The Court allowed the Petitioner's motion for a change of counsel at a hearing on August 12, 2009, and appointed Douglas J. Quivey to represent the Petitioner.

On January 20, 2010, the Government filed a written notice of the Petitioner's prior felony drug conviction. On the same date, before former United States District Judge Jeanne E. Scott, the Petitioner changed his plea from not guilty to guilty pursuant to a written agreement.

On April 27, 2010, the Petitioner filed a response to the Government's notice of prior felony drug conviction. On May 12, 2010, the Government moved to amend the notice of prior felony drug conviction and replied to the Petitioner's response.

At sentencing on May 17, 2010, the Court sustained the Petitioner's objection to the 114 grams of cocaine base "crack" listed in the PSR and found him responsible for 57 grams of cocaine base "crack," allowed the Government's motion to amend the notice of prior felony drug conviction, and denied the Petitioner's objection to the notice.

Judge Scott sentenced the Petitioner to the statutory minimum of 240 months imprisonment. He was also sentenced to serve 10 years supervised release and ordered to pay the $100 special assessment.

On May 27, 2010, the Court received a letter from the Petitioner wherein he complained about his attorney's performance. The Court conducted a hearing on June 10, 2010, and found that Petitioner's request to set aside his plea and the complaints concerning his attorney were without merit. However, the Court vacated the portion of the plea agreement which precluded him from bringing a motion under 28 U.S.C. § 2255 and reinstated his habeas rights.

On June 30, 2010, the Petitioner filed his motion under ยง 2255. On August 31, 2010, the ...


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