Oldcroft v. United States of America
OPINION,MEMORANDUM AND ORDER: HEREBY ORDERED that this action is DISMISSED.An Order of Dismissal will be filed with this Memorandum and Order. Signed by District Judge Henry E. Autrey on 12/11/12. (CLK)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
UNITED STATES OF AMERICA,
No. 4:12CV2238 HEA
OPINION, MEMORANDUM AND ORDER
This matter is before the Court on movant’s motion to vacate, set aside, or
correct sentence pursuant to 28 U.S.C. § 2255. It is apparent from the face of the
motion that movant is not entitled to relief. As a result, the Court will dismiss this
action under Rule 4 of the Rules Governing § 2255 Proceedings.
On November 3, 2010, movant pled guilty to distribution of cocaine. On
March 8, 2011, the Court sentenced movant to a prison term of 80 months, to be run
concurrently to a state sentence. Movant did not appeal. Movant states that when he
was admitted to the BOP, he was not given credit for time served in pretrial detention.
Movant mailed the instant motion to the Court on November 26, 2012.
Movant wants the Court to reduce his sentence by eleven months, to make up
for the eleven months he spent in pretrial detention that the BOP did not give him
Under § 2255, a prisoner may attack his sentence on the basis that it is (1)
unconstitutional, (2) in violation of the laws of the United States, (3) the court lacked
jurisdiction to imposed the sentence, (4) the sentence was in excess of the maximum
authorized by law, or (5) otherwise subject to collateral attack. The ground raised by
movant does not fall under any of these categories. As a result, movant’s requested
relief is not cognizable in § 2255 proceedings.
Furthermore, movant has failed to make a substantial showing of a denial of
a constitutional right, and the Court will not issue a certificate of appealability.
IT IS HEREBY ORDERED that this action is DISMISSED.
An Order of Dismissal will be filed with this Memorandum and Order.
Dated this 11th day of December, 2012.
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE
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