Pierce v. USA

Filing 5

ORDER OF DISMISSAL: Denying 1 Motion to Vacate/Set Aside/Correct Sentence (2255) :IT IS HEREBY ORDERED that movant=s motion to vacate, set aside or correct illegal sentence pursuant to 28 U.S.C. ' 2255 is DENIED and DISMISSED as TIME- BARRED. Ru le 4 of the Rules Governing ' 2255 Proceedings. IT IS FURTHER ORDERED that movants request for relief under the 2014 Drug Amendments to the Sentencing Guidelines, also known as drugs minus two amendments, or Amendment 782 is DENIED and DISMISSED . IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. 28 U.S.C. ' 2253. Dated this 26th day of October, 2015. Signed by District Judge Audrey G. Fleissig on 10/26/2015. (KCB) Presiding Judge: Fleissig , Audrey G. (Main Document 5 replaced on 10/26/2015) (KCB).

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION SHANE T. PIERCE, Movant, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) No. 4:15CV1441 AGF ORDER OF DISMISSAL IT IS HEREBY ORDERED that movant=s motion to vacate, set aside or correct illegal sentence pursuant to 28 U.S.C. ' 2255 is DENIED and DISMISSED as TIME-BARRED. Rule 4 of the Rules Governing ' 2255 Proceedings. IT IS FURTHER ORDERED that movant’s request for relief under the 2014 Drug Amendments to the Sentencing Guidelines, also known as “drugs minus two amendments,” or Amendment 782 is DENIED and DISMISSED. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. 28 U.S.C. ' 2253. Dated this 26th day of October, 2015. AUDREY G. FLEISSIG UNITED STATES DISTRICT JUDGE

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