Patron v. Wilson

Filing 6

MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 09/27/2014. Copy mailed to Petitioner. (walk, )

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SEP 3 0 2014
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

CLERK, U.S. DISTRICT COURT
RICHMOND, VA

WARREN PATRON,
Petitioner,
v.

Criminal Action No. 3:13CV383

ERIC WILSON,

Respondent.
MEMORANDUM OPINION

Warren Patron, a federal inmate proceeding pro se, submitted a 28 U.S.C. §2241'
petition ("§ 2241 Petition). This Court convicted Patron of conspiracy to possess with intent to
distribute fifty grams or more of cocaine base and sentenced Patron to 132 months of
imprisonment. In his § 2241 Petition, Patron contends that the Court should resentence him

pursuant to the new mandatory minimum sentences established by the Fair Sentencing Act of

2010.2 (§ 2241 Pet. Attach. 1.) For the reasons set forth below, the action will be DISMISSED
for want ofjurisdiction.

1That statute provides, in pertinent part:
(c) The writ of habeas corpus shall not extend to a prisoner unless—
(1) He is in custody under or by color of the authority of the United States or
is committed for trial before some court thereof; or
(2) He is in custody for an act done or omitted in pursuance of an Act of
Congress, or an order, process, judgment or decree of a court or judge of the
United States; or

(3) He is in custody in violation of the Constitution or laws or treaties of the
United States....

28 U.S.C. §2241(c)(l)-(3).

2Pub. L. No. 111-120, 124 Stat. 2372.