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Perrone v. United States

United States District Court, S.D. Illinois

February 27, 2014

JOSEPH PERRONE, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent. Criminal No. 09-cr-30016-DRH

MEMORANDUM & ORDER

DAVID R. HERNDON, Chief District Judge.

This matter is before the Court on petitioner Joseph Perrone's motion to vacate, set aside, or correct sentence, pursuant to 28 U.S.C. § 2255 (Doc. 1). Perrone pleaded guilty to distribution of controlled substance, see 21 U.S.C. § 841(a)(1) and (b)(1)(C), and received a sentence of 240 months' imprisonment on January 15, 2010 (Cr. Doc. 59). Perrone did not appeal his criminal judgment. Perrone filed a § 2255 motion on January 18, 2011. See Perrone v. United States, 11-cv-48-DRH. Perrone voluntarily moved to withdraw his § 2255 motion prior to the government's filing of either an answer or motion for summary judgment. The Court acknowledged Perrone's voluntary withdrawal and dismissed his § 2255 petition without prejudice on August 1, 2011 (11-cv-48-DRH, at Doc. 13 (filed under seal)).

Perrone's instant § 2255 petition relies on the Supreme Court's recent holding in Burrage v. United States, ___ U.S. ____, 134 S.Ct. 881 (Jan. 27, 2014).

Pursuant to Rule 4 of the RULES GOVERNING SECTION 2255 PROCEEDINGS, the Court ORDERS the government to file a response to Perrone's motion on or before March 26, 2014. By ordering the government to respond, the Court is of course not commenting as to whether Perrone's claims are properly before the Court. The government shall, as part of its response, attach all relevant portions of the record.

IT IS SO ORDERED.


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