Opinion
1:23-cv-2740 (NLH)
07-25-2023
ANTHONY BERRY, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
Anthony Berry 63766-066 Otisville Federal Correctional Institution P.O. Box 1000 Petitioner pro se Philip R. Sellinger, United States Attorney Sara Aliya Aliabadi, Assistant United States Attorney Office of the U.S. Attorney District Of New Jersey Attorneys for Respondent
Anthony Berry 63766-066 Otisville Federal Correctional Institution P.O. Box 1000 Petitioner pro se
Philip R. Sellinger, United States Attorney
Sara Aliya Aliabadi, Assistant United States Attorney Office of the U.S. Attorney District Of New Jersey Attorneys for Respondent
MEMORANDUM OPINION & ORDER
NOEL L. HILLMAN, U.S.D.J.
WHEREAS, Petitioner Anthony Berry filed a “motion for removal of 924(c) enhancement/compassionate release or in the alternative a reduction in sentence,” which the Court construed both as a motion under 18 U.S.C. § 3582(c)(1)(A)(i) and as a motion to correct, vacate, or set aside his federal sentence under 28 U.S.C. § 2255, see ECF No. 1; and
This motion is presently pending in Petitioner's criminal case, 10-cr-51.
WHEREAS, the Court reviewed the motion and concluded that an answer from the United States was warranted, ECF No. 2; and
WHEREAS, Petitioner wrote a letter asking the Court to only consider his arguments as a motion for compassionate release and not under § 2255, ECF No. 5; and
WHEREAS, the Court will dismiss the § 2255 motion at Petitioner's request. The Court will continue to consider his arguments as a motion for compassionate release in his criminal case, No. 10-cr-51, THEREFORE, IT IS on this 25th day of July, 2023
ORDERED that the § 2255 Motion, ECF No. 1, shall be, and the same hereby is, DISMISSED; and it is finally
ORDERED that the Clerk shall send a copy of this Order to Petitioner by regular mail and mark this case CLOSED.