Carter v. USA-2255

Filing 2

MEMORANDUM. Signed by Judge J. Frederick Motz on 8/12/14. (c/m apls, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

UNITED STATES OF AMERICA

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v.
THOMAS E. CARTER

Criminal No. AMD-00-0100
Civil No. – JFM-14-1817

MEMORANDUM

Thomas E. Carter has filed a “Motion To Have Heart New Substantive Rule Per The
Court’s Discretion.” The motion is denied.
Carter asserts that he was improperly sentenced under the murder cross-reference of
Sentencing Guideline 2D1.1(d)(1). This issue was considered by the Fourth Circuit on direct
appeal. To the extent that Alleyne v. United States, 133 S. Ct. 2151 (2013) applies retroactively
to motions for collateral review, it does not apply because Carter was convicted of possessing
with the intent to distribute 50 grams or more of crack cocaine and, at the time of his conviction,
the statutory maximum was life imprisonment. 21 U.S.C. § 841(b)(1)(A). Therefore, Alleyne is
not applicable.

Date: August 12, 2014

___/s/__________________
J. Frederick Motz
United States District Judge

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