Filed: May 31, 2016
Latest Update: May 31, 2016
Summary: OPINION and ORDER ROBERT L. MILLER, Jr. , District Judge . Jason Smith's second motion to vacate, set aside, or correct his sentence pends before the court. The court denied Mr. Smith's first motion as untimely on May 1, 2014. His second motion, like the first, challenges the underlying conviction and appellate counsel's performance on direct appeal, not the amended order reducing Mr. Smith's sentence under 18 U.S.C. 3582(c)(2) [Doc. No. 114]. The court, accordingly, views the defendant's
Summary: OPINION and ORDER ROBERT L. MILLER, Jr. , District Judge . Jason Smith's second motion to vacate, set aside, or correct his sentence pends before the court. The court denied Mr. Smith's first motion as untimely on May 1, 2014. His second motion, like the first, challenges the underlying conviction and appellate counsel's performance on direct appeal, not the amended order reducing Mr. Smith's sentence under 18 U.S.C. 3582(c)(2) [Doc. No. 114]. The court, accordingly, views the defendant's ..
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OPINION and ORDER
ROBERT L. MILLER, Jr., District Judge.
Jason Smith's second motion to vacate, set aside, or correct his sentence pends before the court. The court denied Mr. Smith's first motion as untimely on May 1, 2014. His second motion, like the first, challenges the underlying conviction and appellate counsel's performance on direct appeal, not the amended order reducing Mr. Smith's sentence under 18 U.S.C. § 3582(c)(2) [Doc. No. 114]. The court, accordingly, views the defendant's motion [Doc. No. 121] as an unauthorized successive petition under 28 U.S.C. § 2255, see 28 U.S.C. § 2255(h); Henderson v. United States, 264 F.3d 709, 710 (7th Cir. 2001); United States v. Evans, 224 F.3d 670, 672-75 (7th Cir. 2000), and DENIES the motion.
SO ORDERED.
