Filed: Jun. 24, 2014
Latest Update: Jun. 24, 2014
Summary: OPINION JAMES P. JONES, District Judge. The defendant, a federal inmate proceeding pro se, has filed a Motion to Vacate, Set Aside, or Correct Sentence, pursuant to 28 U.S.C. 2255, asserting that under Alleyne v. United States, 133 S.Ct. 2151 (2013, he is entitled to a reduction of his criminal sentence of imprisonment. Upon review of the motion and court records, I find that the 2255 motion must be dismissed as successive. This court may consider a second or successive 2255 motion
Summary: OPINION JAMES P. JONES, District Judge. The defendant, a federal inmate proceeding pro se, has filed a Motion to Vacate, Set Aside, or Correct Sentence, pursuant to 28 U.S.C. 2255, asserting that under Alleyne v. United States, 133 S.Ct. 2151 (2013, he is entitled to a reduction of his criminal sentence of imprisonment. Upon review of the motion and court records, I find that the 2255 motion must be dismissed as successive. This court may consider a second or successive 2255 motion o..
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OPINION
JAMES P. JONES, District Judge.
The defendant, a federal inmate proceeding pro se, has filed a Motion to Vacate, Set Aside, or Correct Sentence, pursuant to 28 U.S.C. § 2255, asserting that under Alleyne v. United States, 133 S.Ct. 2151 (2013, he is entitled to a reduction of his criminal sentence of imprisonment. Upon review of the motion and court records, I find that the § 2255 motion must be dismissed as successive.
This court may consider a second or successive § 2255 motion only upon specific certification from the United States Court of Appeals for the Fourth Circuit that the claims in the motion meet certain criteria. See § 2255(h). Court records indicate that Williams previously filed a § 2255 motion concerning this same conviction and sentence, which the court denied. See Williams v. United States, No. 7:96CV00916 (W.D. Va. June 1, 1998), appeal dismissed, No. 98-7054, 1998 WL 738362 (4th Cir. Oct. 21, 1998). As Williams offers no indication that he has obtained certification from the court of appeals to file a second or successive § 2255 motion, I must dismiss his current action without prejudice.
