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- ilcd;;2:16-cv-02039_de9 RegisterActionDate "2016-08-25" @default.
- ilcd;;2:16-cv-02039_de9 RegisterActionDescriptionText "TEXT ORDER: Petitioner has filed a motion that has been docketed as a motion under 28 U.S.C. § 2255 (d/e 7 ). Although Petitioner has captioned the motion with the name and number of her existing habeas case (E6A47C4 v. United States, Case No. 16-cv-2039 (C.D. Ill. Feb. 2, 2016)), the motion in substance is a request for the Court to correct her sentence under 18 U.S.C. § 3582(c)(2) based on an amendment to the U.S. Sentencing Guidelines. See Motion, d/e 7, at 2 ("[D]efendant E6A47C4 moves this Honorable Court for a sentence reduction pursuant to the retroactive amendment 794 to U.S.S.G."). The motion does reference 28 U.S.C. § 2255, but Petitioner already has a pending Section 2255 motion, and Section 2255 is not the proper avenue for a defendant seeking a reduction based on an amendment to the Sentencing Guidelines. Petitioner should have filed this motion in her criminal case as a motion for sentence reduction under 18 U.S.C. § 3582(c)(2) (allowing modification to term of imprisonment if defendant was sentenced "based on a sentencing range that has subsequently been lowered by the Sentencing Commission"). See, e.g., Hearn v. United States, No. 10-3092, 2010 U.S. Dist. LEXIS 108690, *12 n.2 (C.D. Ill. Oct. 12, 2010) (noting that a Section 2255 motion is "not the correct motion" for securing a sentence reduction based on an amendment to the Guidelines and that a petitioner seeking such relief should file a motion under 18 U.S.C. § 3582(c)(2)); United States v. Jones, No. 12-9407, 2014 U.S. Dist. LEXIS 94762, *25 n.12 (N.D. Ill. July 11, 2014) ("Section 3582 is the proper vehicle for requesting a sentence reduction following changes to the sentencing guidelines, and its filing does not carry the same consequences as would a § 2255 motion."). The motion (d/e 7 ) is accordingly DENIED as improperly filed. As a courtesy to Petitioner, the Clerk of the Court is DIRECTED to re-file the motion (d/e 7 ) in Petitioner's criminal case (United States v. E6A47C4, No. 2:10-cr-20058 (C.D. Ill. July 22, 2010)). Entered by Judge Sue E. Myerscough on 8/25/2016. (MAS, ilcd) (Entered: 08/25/2016)" @default.
- ilcd;;2:16-cv-02039_de9 AdministrativeID "None" @default.
- ilcd;;2:16-cv-02039_de9 hasJudgeReference SJ001511 @default.
- ilcd;;2:16-cv-02039_de9 hasReferenceToOtherEntry ilcd;;2:16-cv-02039_de8 @default.