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United States of America v. Thomas A. Yarrington

March 13, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
THOMAS A. YARRINGTON, DEFENDANT.



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

E-FILED

Tuesday, 13 March, 2012 01:35:21 PM

Clerk, U.S. District Court, ILCD

OPINION

Defendant Yarrington has filed a Motion for Enlargement of Time to File a § 2255 Petition.

It is denied.

I.

In March 2008, law enforcement officers began investigating individuals suspected of distributing cocaine in Springfield, Illinois. By May of that year, the officers' interest had focused on the apartment where the Defendant resided.

On May 22, 2008, the Defendant's girlfriend, whose name was on the lease, gave officers consent to search the apartment she shared with the Defendant. During the course of the search, officer located over 325 grams of cocaine, a digital scale, large Ziploc bags, sandwich baggies, inositol powder, and $14,800.00 in United States currency. The Defendant's latent fingerprints were found on a large Ziploc bag containing over 314 grams of cocaine.

After being arrested and given his Miranda rights, the Defendant told the officers that he was responsible for the cocaine found in the apartment. He detailed how he "cut"-or adulterated-the cocaine with inositol, weighed it, and packed it for delivery to Jeremy Wallace. The Defendant explained how he and Wallace conducted their drug transactions. Finally, the Defendant stated that half of the cash found at the apartment came from his music business and the other half was from the sale of cocaine.

The Defendant pleaded not guilty and U.S. District Judge Jeanne E. Scott presided over his jury trial. He was convicted on January 7, 2010 of possessing cocaine with the intent to distribute. On July 12, 2010, Judge Scott sentenced the Defendant to 108 months imprisonment.

The Defendant filed a Notice of Appeal on July 20, 2010, and the case was transferred to the undersigned following Judge Scott's retirement. The U.S. Court of Appeals for the Seventh Circuit affirmed the Defendant's conviction on May 6, 2011, and the mandate issued on May 31, 2011. See United States v. Yarrington , 640 F.3d 772 (7th Cir. 2011).

The cash found at the apartment was forfeited to the United States in a civil forfeiture action brought under 21 U.S.C. § 881. See United States v. $14,800 , No. 09-cv-3331 (C.D. Ill., Oct. 27, 2010).

The Defendant filed the Motion for Enlargement of Time to File a ยง 2255 Petition on December 22, 2011. In the Motion, he has requested copies of documents from the case file, and an enlargement of ...


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