United States District Court, W.D. Tennessee, Western Division
H. MAYS, JR., UNITED STATES DISTRICT COURT JUDGE
the Court are four motions filed by Petitioner John
Porterfield, Prisoner No. 21615-076, located at Memphis FCI.
The first is Porterfield's Motion Under 28 U.S.C. §
2255 to Vacate, Set Aside, or Correct Sentence by a Person in
Federal Custody (the “§ 2255 Motion”), filed
on July 20, 2015. (§ 2255 Mot., ECF No.
Porterfield challenges his sentence in criminal No. 07-20150.
He argues that he is entitled to relief under Johnson v.
United States, 135 S.Ct. 2551 (2015), because his
Tennessee robbery convictions fall within the invalidated
residual clause in 18 U.S.C. § 924(e). (Id.)
second is Porterfield's motion to amend his original
§ 2255 Motion, filed on September 8, 2016
(“Amended § 2255 Motion”). (Amended §
2255 Mot., ECF No. 6.)
third is Porterfield's motion to proceed in forma
pauperis, filed on July 20, 2015. (ECF No. 2.)
fourth is Porterfield's motion for expedited ruling,
filed on March 10, 2017. (ECF No. 9.)
following reasons, Porterfield's motion to amend is
GRANTED, his Amended § 2255 Motion is DENIED, and his
motions for expedited ruling and to proceed in forma
pauperis are DENIED as MOOT.
February 28, 2008, Porterfield pled guilty to possession with
the intent to distribute cocaine base, in violation of 21
U.S.C. § 841; being a felon in possession of a firearm,
in violation of 21 U.S.C. § 922(g); and use of a firearm
in commission of a crime of violence, in violation of 21
U.S.C. § 924(e). (Judgment, Cr. ECF No. 46.)
sentencing, Porterfield was determined to be an armed career
criminal under the Armed Career Criminal Act, 18 U.S.C.
§ 924(e) (the “ACCA”). (Presentence
Investigation Report “PSR” ¶ 29.) His
predicate offenses included two Tennessee robbery convictions
in 1997 and 2003; one Tennessee aggravated robbery conviction
in 1991; and one Tennessee conviction for sale of cocaine in
1991. (Id. ¶¶ 37, 38, 43, 48.)
12, 2008, Porterfield was sentenced to 180 months in prison
to be followed by three years supervised release. (Judgment,
ECF No. 46.) Porterfield did not appeal.
20, 2015, Porterfield filed the § 2255 Motion. (ECF No.
1.) The same day he moved to proceed in forma
pauperis. (ECF No. 2.)
Section 2255 Motion
seeks relief under 28 U.S.C. § 2255.
[a] prisoner in custody under sentence of a court established
by Act of Congress claiming the right to be released upon the
ground that the sentence was imposed in violation of the
Constitution or laws of the United States . . . or that the
sentence was in excess of the maximum authorized by law . . .
may move the court which imposed the sentence to vacate, set
aside or correct the sentence.
28 U.S.C. § 2255(a).
succeed on a § 2255 motion, a prisoner in custody must
show ‘(1) an error of constitutional magnitude; (2) a
sentence imposed outside the statutory limits; or (3) an
error of fact or law that was so fundamental as to render the
entire proceeding invalid.'” McPhearson v.
United States, 675 F.3d 553, ...