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 ...