Trate

(HC) Jones v. Trate

Good Law
United States District Court, Eastern District of CaliforniaAugust 16, 20231:22-cv-01470California1,408 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY C. JONES, Case No. 1:22-cv-01470-HBK (HC) Petitioner, ORDER GRANTING RESPONDENT’S

MOTION TO DISMISS

v. (Doc. No. 18) B.M. TRATE, Warden, USP Atwater Respondent. 16 17 18 Petitioner Gregory C. Jones (“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 the pre-Booker ‘stacked’ 924(c) sentences, at Counts 4 and 6 of the Indictment.” (Id. at 7). To the extent discernable, Petitioner relies on Dean v. United States, 137 S. Ct. 1170 (2017) and the First Step Act of 2018 as support for this claim. (Id. at 7-11); See First Step Act, Pub. L. No. 115-391, Title IV, § 403, 132 Stat. 5221-22 (2018). In response, 27…

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