U.S. v. Felton, 5:93-CR-123-F1. (2014)
Court: District Court, E.D. North Carolina
Number: infdco20140709a68
Visitors: 17
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..
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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
