Elawyers Elawyers
Washington| Change

U.S. v. Howard, 7:08CR00023 (2018)

Court: District Court, W.D. Virginia Number: infdco20181217c62 Visitors: 5
Filed: Dec. 14, 2018
Latest Update: Dec. 14, 2018
Summary: MEMORANDUM OPINION GLEN E. CONRAD , Senior District Judge . Corey McKinzie Howard, a federal inmate proceeding pro se , filed a pleading titled "Petitioner's motion to compel the Government to produce discovery and production of documents," ECF No. 115. By order entered November 27, 2018, the court construed this pleading as a motion to vacate, set aside or correct the sentence, pursuant to 28 U.S.C. 2255. Upon consideration of the 2255 motion and the record, the court concludes that
More

MEMORANDUM OPINION

Corey McKinzie Howard, a federal inmate proceeding pro se, filed a pleading titled "Petitioner's motion to compel the Government to produce discovery and production of documents," ECF No. 115. By order entered November 27, 2018, the court construed this pleading as a motion to vacate, set aside or correct the sentence, pursuant to 28 U.S.C. § 2255. Upon consideration of the § 2255 motion and the record, the court concludes that the action must be summarily dismissed as successive.1

Howard was convicted pursuant to a written plea agreement and sentenced on July 6, 2009, to 196 months in prison.2 He did not appeal his conviction or sentence. In 2012, Howard filed a § 2255 motion that was dismissed as untimely filed. United States v. Howard, No. 7:08CR00023, 2012 WL 5986963, at *1 (W.D. Va. Nov. 29, 2012). Howard did not appeal. Howard signed and dated the § 2255 motion now before the court on November 22, 2018.

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). As stated, Howard pursued a previous § 2255 motion. Howard offers no indication that he has obtained certification from the court of appeals to file a second or successive § 2255 motion. Based on this record, the court must summarily dismiss this § 2255 motion without prejudice as successive. A separate order will be entered this day.

The Clerk is directed to send copies of this memorandum opinion and accompanying order to the defendant.

FootNotes


1. Pursuant to Rule 4 of the Rules Governing § 2255 Proceedings, the court may summarily dismiss a § 2255 motion where "it plainly appears from the face of the motion and any annexed exhibits and the prior proceedings in the case" that petitioner is not entitled to relief.
2. By order entered April 8, 2015, the court reduced Howard's sentence to 180 months, but not less than time served, pursuant to 18 U.S.C. § 3582(c).
Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer