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Porterfield v. United States

United States District Court, W.D. Tennessee, Western Division

April 25, 2018

JOHN PORTERFIELD, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

          ORDER

          SAMUEL H. MAYS, JR., UNITED STATES DISTRICT COURT JUDGE

         Before 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. 1.)[1] 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.)

         The 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.)

         The third is Porterfield's motion to proceed in forma pauperis, filed on July 20, 2015. (ECF No. 2.)

         The fourth is Porterfield's motion for expedited ruling, filed on March 10, 2017. (ECF No. 9.)

         For the 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.

         I. BACKGROUND

         On 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.)

         At 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.)

         On June 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.

         On July 20, 2015, Porterfield filed the § 2255 Motion. (ECF No. 1.) The same day he moved to proceed in forma pauperis. (ECF No. 2.)

         II. LEGAL STANDARD

         A. Section 2255 Motion

         Porterfield seeks relief under 28 U.S.C. § 2255.

         Section 2255(a) provides:

[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).

         “To 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, ...


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