United States District Court, W.D. Virginia, Harrisonburg Division
October 7, 2014
UNITED STATES OF AMERICA
JOSHUA SAMUEL KNAFEL, Petitioner.
2255 MEMORANDUM OPINION
MICHAEL F. URBANSKI, District Judge.
Joshua Samuel Knafel, a federal inmate proceeding pro se, filed a motion (Docket No. 90) pursuant to Rule 60(b) of the Federal Rules of Civil Procedure seeking de novo review of his judgment in light of Alleyne v. United States , 133 S.Ct. 2151 (2013). The court finds that Knafel's instant motion is, for all intents and purposes, an unauthorized, successive § 2255 motion and, therefore, dismisses it without prejudice.
Knafel challenges his conviction and 96-month sentence for conspiring to distribute 100 kilograms or more of marijuana, in violation of 21 U.S.C. §§ 841(b)(1)(B) and 846. Court records indicate that Knafel previously filed a § 2255 motion regarding the same conviction and sentence, which the court denied. See Docket Nos. 85, 88, and 89. 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 Knafel 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.