U.S. v. McKINNEY, 1:05-CR-549. (2015)
Court: District Court, N.D. Ohio
Number: infdco20151124c96
Visitors: 17
Filed: Nov. 23, 2015
Latest Update: Nov. 23, 2015
Summary: OPINION & ORDER [Resolving Doc. No. 59 ] JAMES S. GWIN , District Judge . On March 14, 2006, Petitioner Daniel McKinney pled guilty to one count of possession with intent to distribute cocaine base and one count of being a felon in possession of a firearm. 1 On April 10, 2006 this Court sentenced Petitioner to 190 months' imprisonment. 2 On September 26, 2014, Petitioner filed a motion to vacate under 28 U.S.C. 2255. On February 23, 2015, this Court denied Petitioner's motion. 3 Pet
Summary: OPINION & ORDER [Resolving Doc. No. 59 ] JAMES S. GWIN , District Judge . On March 14, 2006, Petitioner Daniel McKinney pled guilty to one count of possession with intent to distribute cocaine base and one count of being a felon in possession of a firearm. 1 On April 10, 2006 this Court sentenced Petitioner to 190 months' imprisonment. 2 On September 26, 2014, Petitioner filed a motion to vacate under 28 U.S.C. 2255. On February 23, 2015, this Court denied Petitioner's motion. 3 Peti..
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OPINION & ORDER [Resolving Doc. No. 59]
JAMES S. GWIN, District Judge.
On March 14, 2006, Petitioner Daniel McKinney pled guilty to one count of possession with intent to distribute cocaine base and one count of being a felon in possession of a firearm.1 On April 10, 2006 this Court sentenced Petitioner to 190 months' imprisonment.2 On September 26, 2014, Petitioner filed a motion to vacate under 28 U.S.C. § 2255. On February 23, 2015, this Court denied Petitioner's motion.3 Petitioner then applied for a certificate of appealability to the Sixth Circuit. The Sixth Circuit denied Petitioner's application for a certificate of appealability.4
Petitioner has now filed an Affidavit of Facts seeking relief under the Supreme Court's recent decision in Johnson v. United States.5 The Office of the Federal Public Defender filed a motion to appoint counsel and request for leave to supplement the pending § 2255 petition.6
However § 2255(h) requires that a second or successive § 2255 motion be certified by a panel of the appropriate court of appeals.7 This Court does not have jurisdiction over this matter unless Petitioner receives certification from the Sixth Circuit.
For the above reasons, this Court DENIES Petitioner's motion.
IT IS SO ORDERED.
FootNotes
1. Doc. 22.
2. Doc. 25.
3. Doc. 45.
4. Doc. 54.
5. Doc. 58; Johnson v. United States, 135 S.Ct. 2551 (2015).
6. Doc. 59.
7. 28 U.S.C.A. § 2255.
Source: Leagle
