Wilson v. Director, TDCJ-CID
Wilson v. Director, TDCJ-CID
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION DENNIS RAY WILSON, #02181846 § § VS. § CIVIL ACTION NO. 4:20cv848 § DIRECTOR, TDCJ-CID § MEMORANDUM OPINION AND ORDER Pro se Petitioner Dennis Ray Wilson, an inmate confined in the Texas prison system, filed a post-judgment motion for reduction of sentence. (Dkt. #15). On February 9, 2018, Petitioner pled guilty to continuous sexual abuse of a child under fourteen and was sentenced to twenty-five years’ confinement in Cause No. 366-82360-2017. Petitioner filed a petition for writ of habeas corpus pursuant to
28 U.S.C. § 2254. (Dkt. #1). On January 26, 2021, the Court dismissed the petition without prejudice for failure to exhaust state remedies. (Dkt. ##11, 12). Petitioner now seeks a sentence reduction under
18 U.S.C. § 3582(c). That statute permits the sentencing court to “reduce [a] term of imprisonment” of inmates in federal custody after the inmate has “fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant’s behalf.”
18 U.S.C. § 3582(c)(1)(A). The federal statute permitting compassionate releases,
18 U.S.C. § 3582(c)(1), applies to federal sentences and not state sentences. See
18 U.S.C. § 3582; Duran v. Dir., TDCJ-CID, No. 4:21CV653,
2021 WL 6425562, at *1 n.2 (E.D. Tex. Dec. 1, 2021), report and recommendation adopted, No. 4:21CV653,
2022 WL 107588(E.D. Tex. Jan. 11, 2022); White v. Wells, No. 5:16-HC-2188-BO,
2018 WL 1570807, at *2 (E.D.N.C. Mar. 30, 2018); Carter v. Pate, No. 8:10-525-HMH-BHH,
2010 WL 1643286, at *3 (D.S.C. Apr. 22, 2010), appeal dismissed, 420 Fed. App’x 294 (4th Cir. 2011). Petitioner is not a federal prisoner; he is in state custody serving a state, and not a federal, sentence, and this Court did not impose his sentence. Therefore, this Court does not have authority to alter his state sentence under § 3582. See Franco-Monserrate v. United States, No. 22-3161- JWL,
2022 WL 3139020, at *1 (D. Kan. Aug. 5, 2022); Williams v. Keiser, No. 17-CV-1040,
2020 WL 2028256, at *2 (W.D.N.Y. Apr. 28, 2020).
It is accordingly ORDERED that Petitioner’s motion for reduction of sentence (Dkt. #15) is DENIED. Likewise, Petitioner's motion for the appointment of counsel (Dkt. #16) is DENIED. Any other motions by either party not previously ruled upon are DENIED. IT IS SO ORDERED.
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