Wicker v. USA

Filing 3

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that this case is administratively terminated and will not be considered a motion to vacate brought pursuant to 28 U.S.C. § 2255. IT IS FURTHER ORDERED that a copy of movant's motion shall be fil ed in United States v. Wicker, No. 4:15CR254-CEJ-2, and docketed as a motion for reduction of sentence pursuant to 18 U.S.C. § 3582. IT IS FURTHER ORDERED that the United States shall have until November 30, 2016, to file a response. IT IS FURTHER ORDERED that no certificate of appealability shall issue.. Signed by District Judge Carol E. Jackson on 11/9/2016. (CLO)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
TIFFANY WICKER,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent,

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No. 4:16CV1723 CEJ

MEMORANDUM AND ORDER
Before the Court is the motion of Tiffany Wicker to vacate, set aside, or correct sentence,
pursuant to 28 U.S.C. § 2255. For the reasons set forth below, the Court will interpret movant’s
motion as one for a reduction in sentence and transfer her motion to her criminal case for full
briefing.
On October 21, 2015, movant pled guilty to possession of pseudoephedrine knowing it
would be used to manufacture methamphetamine, in violation of 21 U.S.C. § 841(c)(2). See
United States v. Wicker, No. 4:15CR254-2 CEJ (E.D.Mo. 2016). On February 9, 2016, she was
sentenced to a 77-month term of imprisonment to be followed by a two-year term of supervised
release. Id. Movant did not appeal the judgment.
In the instant motion, movant seeks a reduction of her sentence based on Amendment 794
which amended the Commentary to § 3B1.2 of the United States Sentencing Guidelines.
Amendment 794 became effective on November 1, 2015, after movant pled guilty but before she
was sentenced.
Because movant is seeking a reduction of her sentence, her motion is governed by 18
U.S.C. ' 3582. Therefore, the Court will administratively terminate the instant action and it will

not be counted as a motion to vacate under 28 U.S.C. § 2255. The motion will be interpreted as
one brought pursuant to 18 U.S.C. ' 3582, and will be filed in the criminal case.
Accordingly,
IT IS HEREBY ORDERED that this case is administratively terminated and will not
be considered a motion to vacate brought pursuant to 28 U.S.C. § 2255.
IT IS FURTHER ORDERED that a copy of movant’s motion shall be filed in United
States v. Wicker, No. 4:15CR254-CEJ-2, and docketed as a motion for reduction of sentence
pursuant to 18 U.S.C. § 3582.
IT IS FURTHER ORDERED that the United States shall have until November 30,
2016, to file a response.
IT IS FURTHER ORDERED that no certificate of appealability shall issue.
Dated this 9th day of November, 2016.

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE

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