United States v. Miles, 8:12-CR-145-T-27TGW. (2019)
Court: District Court, M.D. Florida
Number: infdco20190813b03
Visitors: 22
Filed: Aug. 12, 2019
Latest Update: Aug. 12, 2019
Summary: ORDER JAMES D. WHITTEMORE , District Judge . BEFORE THE COURT is correspondence from Defendant challenging application of USSG 2D1.1(b)(1) (dangerous weapon) to his guidelines calculation (Dkt. 129). Since the construed motion collaterally attacks his sentence, the motion is DISMISSED for lack of jurisdiction. The proper vehicle for collaterally attacking his sentence is by motion under 28 U.S.C. 2255. Defendant has already filed a 2255 motion, which was dismissed as time barred (
Summary: ORDER JAMES D. WHITTEMORE , District Judge . BEFORE THE COURT is correspondence from Defendant challenging application of USSG 2D1.1(b)(1) (dangerous weapon) to his guidelines calculation (Dkt. 129). Since the construed motion collaterally attacks his sentence, the motion is DISMISSED for lack of jurisdiction. The proper vehicle for collaterally attacking his sentence is by motion under 28 U.S.C. 2255. Defendant has already filed a 2255 motion, which was dismissed as time barred (s..
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ORDER
JAMES D. WHITTEMORE, District Judge.
BEFORE THE COURT is correspondence from Defendant challenging application of USSG § 2D1.1(b)(1) (dangerous weapon) to his guidelines calculation (Dkt. 129). Since the construed motion collaterally attacks his sentence, the motion is DISMISSED for lack of jurisdiction. The proper vehicle for collaterally attacking his sentence is by motion under 28 U.S.C. § 2255. Defendant has already filed a § 2255 motion, which was dismissed as time barred (see Case No. 8:14-cv-1482-T-27TGW, Dkt. 87). And the Eleventh Circuit denied his application to file a successive motion (Dkt. 122). To the extent, therefore, he seeks collateral relief, he must obtain authorization to file a successive §2255 motion from the Eleventh Circuit Court of Appeals.1
DONE AND ORDERED.
FootNotes
1. Defendant's motion for sentence reduction under the First Step Act (Dkt. 127) remains pending.
Source: Leagle
