THOMAS A. VARLAN, Chief District Judge.
Petitioner Angela Denise White ("White") pleaded guilty pursuant to a plea agreement [Doc. 78],
White also filed a pro se motion under 18 U.S.C. § 3582(c) for a reduction in sentence [Doc. 284], which she later supplemented [Doc. 325].
The relief authorized by 28 U.S.C. § 2255 "does not encompass all claimed errors in conviction and sentencing." United States v. Addonizio, 442 U.S. 178, 185 (1979). Rather, to obtain relief, a petitioner must establish (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 proceedings invalid. Moss v. United States, 323 F.3d 445, 454 (6th Cir. 2003). A petitioner "must clear a significantly higher hurdle than would exist on direct appeal" and demonstrate a "fundamental defect in the proceedings which necessarily results in a complete miscarriage of justice or an egregious error violative of due process." Fair v. United States, 157 F.3d 427, 430 (6th Cir. 1998).
As a threshold matter, any claim which White is making about the correctness of her sentence, or the validity of her guilty plea, is procedurally defaulted, because they were not raised on direct appeal. Elzy v. United States, 205 F.3d 882, 884 (6th Cir. 2000). A Petitioner who raises a claim for the first time on collateral review must show that (1) she had good cause for not raising it earlier and would suffer "actual prejudice" if it were not reviewed, or (2) she is actually innocent. Bousley v. United States, 523 U.S. 614, 622 (1998). White has not even attempted to excuse her procedural default, so her claim must be dismissed on that basis.
Second, White's § 2255 motion seeks, for relief, a reduction of sentence to a "range of 70-87 months." Therefore, her motion is moot. The Court has granted her a reduction in sentence to 75 months, which is within the range of sentence she requested in her § 2255 motion. In other words, the Court has granted to Petitioner the exact relief she requested in the subject motion, and for that reason the subject motion must be denied as moot.
The Court finds that the Petitioner's Motion pursuant to 28 U.S.C. § 2255 is moot. A hearing is unnecessary in this case. A judgment will enter