United States District Court, W.D. Virginia, Harrisonburg Division
October 7, 2014
UNITED STATES OF AMERICA
KHARY JAMAL ANCRUM, Petitioner.
2255 MEMORANDUM OPINION
MICHAEL F. URBANSKI, District Judge.
Khary Jamal Ancrum, a federal inmate proceeding pro se, filed two motions (Docket Nos. 1331 and 1336) in which he seeks to challenge his conviction and sentence in light of Alleyne v. United States , 133 S.Ct. 2151 (2013). Inasmuch as Ancrum is challenging the legality of his federal conviction and sentence, the court will construe his motions as a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. Upon review of the record, however, the court finds that the § 2255 motion must be dismissed as successive.
Ancrum challenges his conviction and life sentence for conspiring to distribute and possess with the intent to distribute 50 grams or more of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) and 846. Court records indicate that Ancrum previously filed a § 2255 motion regarding the same conviction and sentence, which the court dismissed. See Civil Action No. 7:07cv00523. The 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 Ancrum has not submitted any evidence of having obtained certification from the Court of Appeals to file a second or successive § 2255 motion, the court must dismiss his motion without prejudice as successive.