Porter v. USA

Filing 2

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk is directed to ADMINISTRATIVELY TERMINATE this action and to file movant's motionto vacate as a motion under 18 U.S.C. § 3582(c)(2) in United States v. Porter, No. 1:13-CR-98 SNLJ. Signed by District Judge Stephen N. Limbaugh, Jr on 10/17/16. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ALISHA PORTER,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

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No. 1:16-CV-239 SNLJ

MEMORANDUM AND ORDER
This matter is before me on the motion of Alisha Porter to vacate, set aside,
or correct sentence under 28 U.S.C. § 2255. Movant argues that his sentence
should be reduced because of Amendment 794 to the United States Sentencing
Guidelines, which clarified the meaning of “minor role” reductions in § 3B1.2.
The requested relief is not cognizable in a § 2255 motion. The only way to
seek relief based on a change to the Guidelines is in a motion pursuant to 18 U.S.C.
§ 3582(c)(2). As a result, I will order the Clerk to administratively terminate this
action and to file the motion to vacate as a motion under § 3582(c)(2) in the
underlying criminal action. The government must file its response in that case.
Accordingly,
IT

IS

HEREBY

ORDERED

that

the

Clerk

is

directed

to

ADMINISTRATIVELY TERMINATE this action and to file movant’s motion

to vacate as a motion under 18 U.S.C. § 3582(c)(2) in United States v. Porter, No.
1:13-CR-98 SNLJ.
Dated this 17th day of October, 2016.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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