MAX O. COGBURN, JR., District Judge.
Petitioner pleaded guilty to and was convicted in this Court on one count of Hobbs Act conspiracy, in violation of 18 U.S.C. § 1951(a) (Count One); one count of conspiracy to distribute and possess with intent to distribute cocaine, in violation of 21 U.S.C. §§ 846, 841(b)(1)(A) (Count Two); one count of possession of a firearm in furtherance of a drug trafficking crime or crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A) (Count Three); one count of conspiracy to use or carry a firearm in furtherance of a drug trafficking crime or crime of violence, in violation of 18 U.S.C. § 924(o) (Court Four); and one count of possession of a firearm by a felon, in violation of 18 U.S.C. § 922(g)(1) (Count Five). Criminal Case No. 3:11-cr-00258-MOC-DSC, Doc. 94: Judgment. Petitioner was sentenced to 121 months on Counts One, Two, and Four and 120 months on Count Five, to be served concurrently, and a consecutive sentence of 60 months on Count Three, for a total term of imprisonment of 181 months. Judgment was entered on November 7, 2012, [
On June 23, 2014, Petitioner filed a § 2255 motion to vacate, which the Court denied on the merits. [3:14-cv-00341, Docs. 1, 10]. Petitioner then filed a motion to amend or supplement his § 2255 motion, which had already been denied, seeking relief under
Petitioner again moves under § 2255 to amend, correct, or vacate his sentence. The Antiterrorism and Effective Death Penalty Act provides, in relevant part, that before a prisonerz may file a second or successive motion under § 2255 challenging his federal criminal judgment(s), he first must obtain authorization to do so from the appropriate circuit court of appeals. 28 U.S.C. §§ 2244(b)(3)(A), 2255(h). A district court lacks jurisdiction to consider a second or successive § 2255 motion unless the motion has been certified in advance by the appropriate appellate court.
Petitioner provides no evidence that he has obtained authorization from the Fourth Circuit to file a second or successive § 2255 motion. Consequently, the Court lacks jurisdiction to consider the instant Motion to Vacate, and it must be dismissed.
The Court also notes that Petitioner's § 2255 motion is not signed under penalty of perjury. Should Petitioner obtain authorization from the Fourth Circuit to file a second or successive petition and properly file a § 2255 motion with this Court, it must be signed under penalty of perjury. Rule 2(b)(5), 28 U.S.C.A. foll. § 2255 (motion to vacate must be signed under penalty of perjury "by the movant or by a person authorized to sign it for the movant").
DECISION BY COURT. This action having come before the Court and a decision having been rendered;
IT IS ORDERED AND ADJUDGED that Judgment is hereby entered in accordance with the Court's October 18, 2019 Order.