Wyllie v. Ormond, No. 1:2018cv00618 - Document 13 (E.D. Va. 2021)

Court Description: 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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Wyllie v. Ormond Doc. 13 Case 1:18-cv-00618-CMH-TCB Document 13 Filed 01/05/21 Page 1 of 3 PageID# 86 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Terrance Tremaine Wyllie, Petitioner, V. J. Ray Ormond Warden,, Respondent. ) ) ) ) ) ) ) 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 Dockets.Justia.com Case 1:18-cv-00618-CMH-TCB Document 13 Filed 01/05/21 Page 2 of 3 PageID# 87 Case 1:18-cv-00618-CMH-TCB Document 13 Filed 01/05/21 Page 3 of 3 PageID# 88

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