HERNANDEZ v. U.S., No 4:07-CR-20-4-RLV (2013)
Court: District Court, N.D. Georgia
Number: infdco20130626e29
Visitors: 5
Filed: Jun. 24, 2013
Latest Update: Jun. 24, 2013
Summary: ORDER ROBERT L. VINING, Jr., Senior District Judge. This matter is before the court on the movant's second or successive motion to vacate, set aside or correct sentence under 28 U.S.C. 2255. Although the movant argues that he may proceed in the district court under 2255(f) (4) because he presents previously undiscoverable facts or newly discovered evidence supporting his claim, the movant's argument fails because the information that provides the basis for the movant's current motion was a
Summary: ORDER ROBERT L. VINING, Jr., Senior District Judge. This matter is before the court on the movant's second or successive motion to vacate, set aside or correct sentence under 28 U.S.C. 2255. Although the movant argues that he may proceed in the district court under 2255(f) (4) because he presents previously undiscoverable facts or newly discovered evidence supporting his claim, the movant's argument fails because the information that provides the basis for the movant's current motion was av..
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ORDER
ROBERT L. VINING, Jr., Senior District Judge.
This matter is before the court on the movant's second or successive motion to vacate, set aside or correct sentence under 28 U.S.C. § 2255. Although the movant argues that he may proceed in the district court under § 2255(f) (4) because he presents previously undiscoverable facts or newly discovered evidence supporting his claim, the movant's argument fails because the information that provides the basis for the movant's current motion was available to him and his attorney as of the date of the movant's first § 2255 motion. Therefore, this court lacks jurisdiction over the current motion unless the movant obtains permission from the U.S. Court of Appeals for the Eleventh Circuit to file it.
After carefully considering the report and recommendation of the magistrate judge, the court receives it with approval and adopts it as the opinion and order of this court.
SO ORDERED.
Source: Leagle
