U.S. v. SPANN, 16-00020-01. (2017)
Court: District Court, W.D. Louisiana
Number: infdco20170501g95
Visitors: 14
Filed: Mar. 31, 2017
Latest Update: Mar. 31, 2017
Summary: ORDER DONALD E. WALTER , District Judge . Defendant Charles E. Spann (01) has filed a Motion to Vacate Under 28 U.S.C. 2255 [Doc. #146]. Therein, Defendant Spann acknowledges that this matter is currently pending on direct appeal to the United States Court of Appeals for the Fifth Circuit. See Doc. #146, p. 5 n. 1; see also Doc. #110. A motion to vacate under 2255 is "not entitled to consideration on the merits" when the direct appeal remains pending. Jones v. United States, 453
Summary: ORDER DONALD E. WALTER , District Judge . Defendant Charles E. Spann (01) has filed a Motion to Vacate Under 28 U.S.C. 2255 [Doc. #146]. Therein, Defendant Spann acknowledges that this matter is currently pending on direct appeal to the United States Court of Appeals for the Fifth Circuit. See Doc. #146, p. 5 n. 1; see also Doc. #110. A motion to vacate under 2255 is "not entitled to consideration on the merits" when the direct appeal remains pending. Jones v. United States, 453 ..
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ORDER
DONALD E. WALTER, District Judge.
Defendant Charles E. Spann (01) has filed a Motion to Vacate Under 28 U.S.C. § 2255 [Doc. #146]. Therein, Defendant Spann acknowledges that this matter is currently pending on direct appeal to the United States Court of Appeals for the Fifth Circuit. See Doc. #146, p. 5 n. 1; see also Doc. #110. A motion to vacate under § 2255 is "not entitled to consideration on the merits" when the direct appeal remains pending. Jones v. United States, 453 F.2d 351, 352 (5th Cir. 1972). In light thereof, the instant motion [Doc. #146] is hereby DISMISSED WITHOUT PREJUDICE as premature. See United States v. Zuniga-Salinas, 945 F.2d 1302, 1306 n.1 (5th Cir. 1991).
Source: Leagle
