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United States v. Wilson

United States District Court, W.D. Virginia, Danville Division

February 19, 2014

UNITED STATES OF AMERICA,
v.
RODNEY WILSON, Petitioner.

2255 MEMORANDUM OPINION

NORMAN K. MOON, District Judge.

Rodney Wilson, a federal inmate proceeding pro se, has filed a motion (docket no. 534) challenging his 2005 convictions and sentence. Because Wilson is challenging the validity of his federal convictions and sentence, I will construe Wilson's motion as a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. Upon review of the record, however, I find that the § 2255 action must be dismissed as successive.

Wilson challenges his life sentence for various drug and firearm offenses. Court records indicate that Wilson has previously filed multiple § 2255 motions regarding the same convictions and sentence, which I dismissed. See docket nos. 531, 532, and 533; Civil Action No. 7:07-cv-267. I may consider a second or successive § 2255 motion only upon specific certification from the Fourth Circuit that the claims in the motion meet certain criteria. See § 2255(h). As Wilson has not submitted any evidence of having obtained certification from the Court of Appeals to file a second or successive § 2255 motion, I must dismiss his motions as successive.[1]


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