Porter v. USA
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
UNITED STATES OF AMERICA,
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.
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.
Dated this 17th day of October, 2016.
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
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