Austin v. USA

Filing 6

MEMORANDUM AND ORDER: 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. Austin, No. 4:14-CR-133 RWS.. Signed by District Judge Rodney W. Sippel on 9/30/16. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MONTRAIL AUSTIN,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent,

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No. 4:16-CV-1420 RWS

MEMORANDUM AND ORDER
This matter is before me on the motion of Montrail Austin 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 § 3B1.1.
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. Austin, No.
4:14-CR-133 RWS.
Dated this 30th day of September, 2016.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

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