Trate
(HC) Collins v. Trate
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JASON C. COLLINS, Case No. 1:22-cv-01114-HBK (HC) Petitioner, ORDER GRANTING RESPONDENT’S
MOTION TO DISMISS
v. (Doc. No. 10) TRATE, Warden, Respondent. 16 17 18 Petitioner Jason C. Collins (“Petitioner”), a federal prisoner, initiated this action by filing a pro se petition for writ of habeas corpus under 28 U.S.C. § 2241 while incarcerated in Atwater Penitentiary, located in Merced County, California, which is within the venue and jurisdiction of this Court. (Doc. No. 1, “Petition”). The Petition raises one ground for relief: Petitioner is actually innocent of his “mandatory life enhancement that was imposed pursuant to 21 U.S.C. §§ 841 and 851 because [] his prior [state conviction for] aggravated assault is not a categorical ‘violent felony’ in light of” Descamps v. United States, 570 U.S. 254 (2013), Mathis v. United States, 579 U.S. 500 (2016), Borden v. United States, 141 S. Ct. 1817 (2021), and United States v. 27 1 Both parties…