January 7, 2014
UNITED STATES OF AMERICA,
YOUSSEF HAFEZ ABDELBARY
SAMUEL G. WILSON, District Judge.
This matter is before the court on petitioner Youssef Hafez Abdelbary's motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255 (Docket Item No. 138).[*] Upon review of his motion and the record, the court will dismiss the motion without prejudice as premature because Abdelbary has a pending direct appeal.
This is Abdelbary's second motion under § 2255 following his jury convictions of various crimes involving fraud and money laundering. On March 19, 2012, the court dismissed Abdelbary's first motion without prejudice because he had a pending direct appeal. (Docket Item No. 99) The Fourth Circuit ultimately remanded the case for resentencing, United States v. Abdelbary, No. 11-4910 (4th Cir. Oct. 31, 2012), which the court did. Abdelbary then appealed the Amended Judgment, and that appeal is still pending. See United States v. Abdelbary, No. 13-4083 (4th Cir. filed Feb. 5, 2013).
In the presence of a pending direct appeal and in the absence of any alleged extraordinary circumstances, the court dismisses Abdelbary's present § 2255 motion without prejudice for the same reasons stated in the court's March 19, 2012 Memorandum Opinion.
The Clerk is directed to send copies of this memorandum opinion and accompanying order to the petitioner.