Filed: Dec. 21, 2015
Latest Update: Dec. 21, 2015
Summary: OPINION JAMES P. JONES , District Judge . On October 28, 2009, I sentenced defendant Amelia Turner to 195 months' imprisonment (ECF No. 63), and on April 29, 2013, I dismissed Turner's Amended Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255. United States v. Turner, No. 2:09CR00003-1, 2013 WL 1796013, at *1 (W.D. Va. Apr. 29, 2013) (unpublished). More than two years later, Turner has filed a motion challenging the judgment that I construe as another Motion to
Summary: OPINION JAMES P. JONES , District Judge . On October 28, 2009, I sentenced defendant Amelia Turner to 195 months' imprisonment (ECF No. 63), and on April 29, 2013, I dismissed Turner's Amended Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255. United States v. Turner, No. 2:09CR00003-1, 2013 WL 1796013, at *1 (W.D. Va. Apr. 29, 2013) (unpublished). More than two years later, Turner has filed a motion challenging the judgment that I construe as another Motion to ..
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OPINION
JAMES P. JONES, District Judge.
On October 28, 2009, I sentenced defendant Amelia Turner to 195 months' imprisonment (ECF No. 63), and on April 29, 2013, I dismissed Turner's Amended Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255. United States v. Turner, No. 2:09CR00003-1, 2013 WL 1796013, at *1 (W.D. Va. Apr. 29, 2013) (unpublished). More than two years later, Turner has filed a motion challenging the judgment that I construe as another Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 (ECF No. 91). Because Turner does not establish that the United States Court of Appeals for the Fourth Circuit has authorized her to file a successive § 2255 motion, the construed § 2255 motion must be dismissed without prejudice as successive pursuant to 28 U.S.C. § 2255(h).
