Cherry v. Wilson

Filing 14

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 7/25/2014. Copies as directed to Cherry and counsel for Respondent.(cmcc, )

0 L
IN THE UNITED
FOR THE

'JU.2 8

STATES DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

CLERK. U.S. DISTfliCT COUR1
RICHMOND. VA

GREGORY CHERRY,

Petitioner,
Civil Action No.

v.

ERIC D.

3:13CV527

WILSON,

Respondent.
MEMORANDUM OPINION

Gregory Cherry,
this

petition

ECF No. 1).
("BOP")

a

pursuant

to

28

inmate proceeding pro se,
u.S.C.

Cherry contends that,

§

2241

("§ 2241

brings

Petition,"

because the Bureau of Prisons

had incorrectly classified his twenty-year sentence as a

sentence

under

the

("VCCLEA"),
Reform Act

("SRA")

Violent

rather

good

federal

conduct

than

Crime

as

at the

time

a

Control

and

sentence

time when

("GCT"),

Law

under

Enforcement

the

it disallowed

those

sanctions

Act

Sentencing
135 days
are

of

void.

Specifically, Cherry asserts:1
Claim One

B.O.P.
has
failed
to
correctly
compute
statutory
good
time
days.
Records show my 25-year sentence was
imposed on
September 16,
1998,
with
continuous
credit
applied
since
my
March 30, 1993 arrest.
The date upon
which
federal

the

federal

offense

was

courts

deems

a

committed determines

the
sentencing
provision
impose sanctions under.

the
B.O.P.
As such,
I

1 The Court has corrected the capitalization and spacing in
the quotations to Cherry's claims.