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USA v. Humphrey, 07-20168-22-JWL. (2017)

Court: District Court, D. Kansas Number: infdco20171215b14 Visitors: 11
Filed: Dec. 14, 2017
Latest Update: Dec. 14, 2017
Summary: MEMORANDUM & ORDER JOHN W. LUNGSTRUM , District Judge . Following a federal jury trial, Keith McDaniel was convicted of various federal cocaine-related drug charges. The Tenth Circuit affirmed his conviction on direct appeal. See United States v. McDaniel, 433 F. App'x 701 (10th Cir. 2011). Mr. McDaniel then filed a pro se 2255 habeas petition arguing that he received ineffective assistance of trial and appellate counsel. This court denied the petition in its entirety and denied the re
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MEMORANDUM & ORDER

Following a federal jury trial, Keith McDaniel was convicted of various federal cocaine-related drug charges. The Tenth Circuit affirmed his conviction on direct appeal. See United States v. McDaniel, 433 F. App'x 701 (10th Cir. 2011). Mr. McDaniel then filed a pro se § 2255 habeas petition arguing that he received ineffective assistance of trial and appellate counsel. This court denied the petition in its entirety and denied the request for a hearing. In October 2013, the court dismissed for lack of jurisdiction Mr. McDaniel's subsequently filed motion for reconsideration of that order. In February 2014, the Tenth Circuit denied Mr. McDaniel's application for a certificate of appealability to appeal the court's denial of his § 2255 motion.

Mr. McDaniel has now filed an amended motion to suppress the contents of wire intercepts pursuant to 18 U.S.C. § 2518(10)(a). Mr. McDaniel has asserted no basis for the court's jurisdiction in this closed criminal case and the court discerns none. See United States v. Woods, 2016 WL 3457754, at * (10th Cir. June 21, 2016) (district court does not have jurisdiction over all post-conviction motions). Regardless of how he characterizes his motion, the substance of the arguments asserted in Mr. McDaniel's motion may only be asserted pursuant to 28 U.S.C. § 2255 because he is reasserting a challenge to his underlying conviction. See United States v. Springer, 875 F.3d 968, 974 (10th Cir. 2017). Mr. McDaniel has not obtained authorization from the Circuit to file a successive § 2255 motion and, thus, this court lacks jurisdiction to resolve it.

IT IS THEREFORE ORDERED BY THE COURT THAT Mr. McDaniel's amended motion to suppress (doc. 1808) is dismissed for lack of jurisdiction.

IT IS SO ORDERED.

Source:  Leagle

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