Wyllie v. Ormond

Filing 13

MEMORANDUM OPINION AND ORDER; granting 12 MOTION to Dismiss with Roseboro; dismissing as moot 1 PETITION for Writ of Habeas Corpus and 4 AMENDED Petition; directing the Clerk to enter judgment and close this civil action. Signed by District Judge Claude M. Hilton on 1/5/2020. (c/m 1/5/2021 shea)

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IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA

Alexandria Division

Terrance Tremaine Wyllie,
Petitioner,
V.
J. Ray Ormond Warden,,
Respondent.

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18cv618(CMH/TCB)

MEMORANDUM OPINON AND ORDER

Terrance Tremaine Wyllie("Wyllie" or "petitioner"), a federal inmate proceeding pro se,
has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Wyllie sought to be
resentenced relying upon United States v. Simmons.649 F.3d 237(4th Cir. 2011), stating his
June 13,2000 conviction in Caswell County Superior Court, Caswell County, North Carolina,
Docket No. 00CRS754,should not have be used to enhance his sentence for his conviction in

United States v.Wvllie. No. l:05-cr-00063-CCE(W.D. NC)(Sept. 26,2005),

193 Fed.

Appx. 197(4th Cir. Aug. 2,2006). By order entered August 2,2018,the petition was filed, and
the respondent was directed to file a response thereto. [Dkt. No. 5]. Respondent has filed a
Motion to Dismiss, with exhibits, and Wyllie has been notified ofthe opportunity to file
responsive materials pursuant to Roseboro v. Garrison. 528 F.2d 309(4th Cir. 1975). [Dkt. No.

12]. Accordingly, this matter is now ripe for disposition. A review ofthe record in this matter
establishes that the respondent's Motion to Dismiss must be granted, and the petition must be
dismissed as moot.
I.

Petitioner pled guilty to two counts: distribution of cocaine, and possession with intent to
distribute cocaine. He was sentenced to a total term of283 months in prison. Wvllie. No. 1:05cr-00063-CCE, Dkt. No. 26. On July 11, 2011,the Western District of North Carolina reduced

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