Filed: Dec. 17, 2015
Latest Update: Dec. 17, 2015
Summary: ORDER JOE J. VOLPE , Magistrate Judge . After pleading guilty to convicted felon in possession of a firearm and aiding and abetting, Joel Patton filed a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255 in the Northern District of Texas, San Angelo Division. Patton v. United States, No. 6:09-cv-00077-C (N.D. Tex. Aug. 28, 2009), ECF No. 1. The motion was denied, and the case was dismissed. Mr. Patton filed the current Petition for Writ of Habeas Corpus (Doc. N
Summary: ORDER JOE J. VOLPE , Magistrate Judge . After pleading guilty to convicted felon in possession of a firearm and aiding and abetting, Joel Patton filed a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255 in the Northern District of Texas, San Angelo Division. Patton v. United States, No. 6:09-cv-00077-C (N.D. Tex. Aug. 28, 2009), ECF No. 1. The motion was denied, and the case was dismissed. Mr. Patton filed the current Petition for Writ of Habeas Corpus (Doc. No..
More
ORDER
JOE J. VOLPE, Magistrate Judge.
After pleading guilty to convicted felon in possession of a firearm and aiding and abetting, Joel Patton filed a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 in the Northern District of Texas, San Angelo Division. Patton v. United States, No. 6:09-cv-00077-C (N.D. Tex. Aug. 28, 2009), ECF No. 1. The motion was denied, and the case was dismissed. Mr. Patton filed the current Petition for Writ of Habeas Corpus (Doc. No. 1) in the Eastern District of Arkansas on September 25, 2015, challenging his sentence in light of the United States Supreme Court's decision in Johnson v. United States, 135 S.Ct. 2551 (2015). After a thorough review of the Petition, the Court finds that venue properly lies in the Northern District of Texas. Petitioner is asking this Court to reduce his sentence. However, the sentencing court is the only court that has jurisdiction to modify a sentence that it imposed. 28 U.S.C. § 2255.
Therefore, the Clerk of the Court shall immediately TRANSFER PETITIONER'S ENTIRE CASE FILE to the Northern District of Texas, San Angelo Division, 33 East Twohig Avenue #202, San Angelo, Texas 76903. All pending motions are denied as moot.
IT IS SO ORDERED.
