Patron v. Wilson, No. 3:2013cv00383 - Document 6 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 09/27/2014. Copy mailed to Petitioner. (walk, )
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Patron v. Wilson Doc. 6 E I L E 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. Dockets.Justia.com
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