Trate
(HC) Porter v. Trate
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARCUS TYSHUN PORTER, Case No. 1:22-cv-00907-JLT-HBK (HC) Petitioner, FINDINGS AND RECOMMENDATIONS TO
GRANT RESPONDENT’S MOTION TO
v. DISMISS 1 B.M. TRATE, (Doc. Nos. 11, 20) Respondent. 16 17 18 Petitioner Marcus Tyhsun Porter (“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 “U.S.S.G. § 4B1.1 mandatory minimum career offender enhancement because his conviction for conspiracy to commit armed bank robbery under 18 U.S.C. § 371 of count one is not a crime of violence under the element[] clause § 924(c)(1)(A) or (B).” (Id. at 6). To the extent discernable, Petitioner…