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United States v. Stevenson

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

July 2, 2014

UNITED STATES OF AMERICA,
v.
IVAN JULIAN STEVENSON, Defendant.

Ivan Julian Stevenson, Pro Se Defendant.

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.[1]

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 Stevenson previously filed a § 2255 motion concerning this same conviction and sentence, which the court denied. See Stevenson v. United States, Case No. 7:01CV00495 (W.D. Va. July 9, 2001) (finding § 2255 claim without merit because Apprendi v. New Jersey, 530 U.S. 466 (2000), did not apply retroactively to Stevenson's case already final), appeal dismissed, F.Appx. 173 (4th Cir. 2001), cert. denied, 536 U.S. 934 (2002). As Stevenson 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.


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