Purham v. United States of America
Howard Purham |
United States of America |
3:2014cv03232 |
July 30, 2014 |
US District Court for the Central District of Illinois |
Springfield Office |
XX US, Outside State |
Sue E. Myerscough |
Motions to Vacate Sentence |
28 U.S.C. ยง 2255 |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
Document Text |
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Filing 18 OPINION entered by Judge Sue E. Myerscough on 12/07/2015. SEE WRITTEN OPINION. The Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 (d/e 1 ) is DENIED. The Court also DENIES a Certificate of Appealability on all claims. (DM, ilcd) |
Filing 9 OPINION entered by Judge Sue E. Myerscough on 01/05/2015. SEE WRITTEN OPINION. The United States of America's Motion to Dismiss the Petitioner's Motion Pursuant to 28 U.S.C. § 2255 (d/e 3 ) is GRANTED IN PART and DENIED IN PART. Pe titioner's claim that counsel provided ineffective assistance of counsel by failing to advise Petitioner, when signing the Plea Agreement, that Petitioner might be subject to enhancements that would increase his advisory sentencing guideline r ange and telling Petitioner he would only receive 10 to 12 years' imprisonment falls outside the scope of the waiver. Petitioner's claim that the Magistrate Judge did not have the authority to accept the guilty plea is summarily denied. The Government shall file an Answer to the remaining claim on or before January 26, 2015. Petitioner shall file a reply on or before February 23, 2015. The Court will then determine whether to set this matter for an evidentiary hearing. See Rule 8 of the Rules Governing Section 2255 Proceedings for the United States District Courts. In anticipation of the Court considering the appointment of counsel, Petitioner is DIRECTED to complete a financial affidavit so that the Court can determine wh ether Petitioner is financially unable to obtain adequate representation. Petitioner is also DIRECTED to forward a certified copy of his trust fund ledger for the last six months. Petitioner shall do so on or before January 26, 2015. The Clerk of the Court is DIRECTED to forward to Petitioner the Financial Affidavit CJA 23.(DM, ilcd) |
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Petitioner: Howard Purham | |
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Respondent: United States of America | |
Represented By: | Jason M Bohm |
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