U.S. v. FENNER, 06-211(01). (2015)
Court: District Court, D. Minnesota
Number: infdco20150803667
Visitors: 17
Filed: Jul. 31, 2015
Latest Update: Jul. 31, 2015
Summary: ORDER MICHAEL J. DAVIS , District Judge . This matter is before the Court on Defendant's pro se motion to Strike Information Alleging Prior Felony Drug Convictions. The Defendant was convicted of multiple drug charges following a jury trial, and was sentenced to life in prison on December 10, 2008. His conviction and sentence were affirmed on appeal. United States v. Fenner , 600 F.3d 1014 (8th Cir. 2010). The Defendant filed a timely petition to vacate his sentence pursuant to 28 U.S
Summary: ORDER MICHAEL J. DAVIS , District Judge . This matter is before the Court on Defendant's pro se motion to Strike Information Alleging Prior Felony Drug Convictions. The Defendant was convicted of multiple drug charges following a jury trial, and was sentenced to life in prison on December 10, 2008. His conviction and sentence were affirmed on appeal. United States v. Fenner , 600 F.3d 1014 (8th Cir. 2010). The Defendant filed a timely petition to vacate his sentence pursuant to 28 U.S...
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ORDER
MICHAEL J. DAVIS, District Judge.
This matter is before the Court on Defendant's pro se motion to Strike Information Alleging Prior Felony Drug Convictions.
The Defendant was convicted of multiple drug charges following a jury trial, and was sentenced to life in prison on December 10, 2008. His conviction and sentence were affirmed on appeal. United States v. Fenner, 600 F.3d 1014 (8th Cir. 2010). The Defendant filed a timely petition to vacate his sentence pursuant to 28 U.S.C. § 2255, which motion was denied. Thereafter, the Eighth Circuit Court of Appeals denied the Defendant's application for a certificate of appealability.
By his current motion, the Defendant asks that the Court resentence him "in keeping with the factors enumerated in 18 U.S.C. § 3553(a). Subject only to the potential mandatory minimum concurrent sentences of 10 years that would be applicable to Defendant." Because he is challenging his sentence, the Court will construe the instant motion as a successive motion for relief under § 2255. Prior to filing such a motion, however, the Defendant is required to obtain a certificate from the Eighth Circuit Court of Appeals. 28 U.S.C. § 2255(h). As Defendant has not obtained such certificate, this matter is not properly before the Court.
IT IS HEREBY ORDERED that Defendant's Motion to Strike Information Alleging Prior Felony Drug Convictions [Doc. No. 328] is DENIED.
Source: Leagle
