U.S. v. Felton, 5:93-CR-123-F1. (2014)
Court: District Court, E.D. North Carolina
Number: infdco20140709a68
Visitors: 7
Filed: Jul. 08, 2014
Latest Update: Jul. 08, 2014
Summary: ORDER JAMES C. FOX, Senior District Judge. This matter is before the court on Felton's pro se motion for reconsideration [DE-183]. Felton requests "a fair and justified drug amount and clarification of my charged offense." Although Felton states "[t]his is NOT a successive 2255," he also states "[the] court [has] inherent authority to address, correct, and modify the culpability at the 18KG of cocaine base concerning all participants and the validity of my offense." The court construes this
Summary: ORDER JAMES C. FOX, Senior District Judge. This matter is before the court on Felton's pro se motion for reconsideration [DE-183]. Felton requests "a fair and justified drug amount and clarification of my charged offense." Although Felton states "[t]his is NOT a successive 2255," he also states "[the] court [has] inherent authority to address, correct, and modify the culpability at the 18KG of cocaine base concerning all participants and the validity of my offense." The court construes this m..
More
ORDER
JAMES C. FOX, Senior District Judge.
This matter is before the court on Felton's pro se motion for reconsideration [DE-183]. Felton requests "a fair and justified drug amount and clarification of my charged offense." Although Felton states "[t]his is NOT a successive § 2255," he also states "[the] court [has] inherent authority to address, correct, and modify the culpability at the 18KG of cocaine base concerning all participants and the validity of my offense." The court construes this motion as a request to correct his sentence, which must be brought under 28 U.S.C. § 2255. As Felton knows, successive § 2255 petitions require authorization from the Fourth Circuit Court of Appeals. 28 U.S.C. § 2244(b)(3)(A). Because Felton has not received authorization to file a successive petition, his motion [DE-183] is DENIED.
SO ORDERED.
Source: Leagle
