Redding v. United States of America

Filing 440

MEMORANDUM OPINION AND ORDER as to Thomaas Antonio Redding; accepting and incorporating Magistrate Judge Eifert's 436 Proposed Findings and Recommendations; denying Movant's 366 LETTER-FORM MOTION to Vacate, Set Aside or Correct Sentenc e pursuant to 28 U.S.C. § 2255 to the extent Movant seeks retroactive application of the Fair Sentencing Act; the Court will construe Movant's Motion as a Motion for a Sentence Reduction under 18 U.S.C. § 3582(c)(2) to the extent that Movant seeks consideration of his sentence in light of Amendments 750 and 759 to the United States Sentencing Guidelines, and will review the motion accordingly; Movant may have until 5/18/2014 to file any additional briefing. Signed by Judge Robert C. Chambers on 4/18/2014. (cc: Judge, USA, counsel, movant, and any unrepresented parties) (mkw)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION

THOMAS ANTONIO REDDING,
Movant,
v.

CIVIL ACTION NO. 3:12-8434
(Criminal No. 3:09-00099-03)

UNITED STATES OF AMERICA,
Respondent.

MEMORANDUM OPINION AND ORDER

This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge,
for submission to this Court of proposed findings of fact and recommendation for disposition,
pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and
recommended that Movant’s Motion to Vacate, Set Aside or Correct Sentence pursuant to 28
U.S.C. § 2255 (ECF No. 366) be denied to the extend Movant seeks retroactive application of the
Fair Sentencing Act; Movant’s Motion be construed as a Motion for a Sentence Reduction under
18 U.S.C. § 3582(c)(2) to the extent that Movant seeks consideration of his sentence in light of
Amendments 750 and 759 to the United States Sentencing Guidelines; and Movant’s sentence be
reviewed accordingly. Neither party has filed objections to the Magistrate Judge=s findings and
recommendations.
Accordingly, the Court accepts and incorporates herein the findings and recommendation
of the Magistrate Judge and DENIES Movant’s Motion to Vacate, Set Aside or Correct Sentence
pursuant to 28 U.S.C. § 2255 (ECF No. 366) to the extend Movant seeks retroactive application of

the Fair Sentencing Act. The Court will construe Movant’s Motion as a Motion for a Sentence
Reduction under 18 U.S.C. § 3582(c)(2) to the extent that Movant seeks consideration of his
sentence in light of Amendments 750 and 759 to the United States Sentencing Guidelines, and will
review the motion accordingly. Movant may have until May 18, 2014, to file any additional
briefing.
The Court DIRECTS the Clerk to forward copies of this written opinion and order to all
counsel of record, and any unrepresented parties.

ENTER:

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April 18, 2014