August 27, 2013
UNITED STATES OF AMERICA, Plaintiff,
ANTONIO C. ALLEN, Defendant. Crim. No. 10-cr-30178-DRH.
MEMORANDUM & ORDER
DAVID R. HERNDON, Chief District Judge.
This matter is before the Court on petitioner Antonio C. Allen's motion to vacate, set aside, or correct sentence, pursuant to 28 U.S.C. § 2255 (Doc. 1). Following Allen's guilty plea, on October 19, 2012, the Court sentenced Allen to 60 months as to Count 1 of the indictment, possession with intent to distribute marijuana, and 63 months as to Count 2, user of a controlled substance in possession of a firearm, said terms to run concurrently (Doc. 55). On December 10, 2012, Allen filed his notice of appeal (Doc. 58). Thereafter, on March 20, -, the Seventh Circuit dismissed Allen's appeal as untimely (Doc. 64). Allen now seeks to collaterally attack his sentence, raising what he characterizes as "ineffective assistance of counsel claims (A-F), as well as, constitutional violations."
Without commenting on the merits of Allen's claims, pursuant to Rule 4 of the RULES GOVERNING SECTION 2255 PROCEEDINGS, the Court ORDERS the government to file a response to Allen's motion on or before September 27, 2013. The government shall, as part of its response, attach all relevant portions of the record.
IT IS SO ORDERED.