United States District Court, W.D. Virginia, Roanoke Division
October 21, 2014
UNITED STATES OF AMERICA
RAYED FAWZI ABED, Petitioner. Criminal No. 7:97cr00024-4
2255 MEMORANDUM OPINION
MICHAEL F. URBANSKI, District Judge.
Rayed Fawzi Abed, a federal inmate proceeding pro se, filed a motion for reconsideration (Docket No. 18) in his closed 28 US.C. § 2255 action, seeking review of his 1998 judgment in light of Alleyne v. United States , 133 S.Ct. 2151 (2013), and Rosemond v. United States , 134 S.Ct. 1240 (2014). The court finds that Abed's instant motion is, for all intents and purposes, an unauthorized, successive § 2255 motion and, therefore, construes it as such and dismisses it without prejudice.
Abed challenges his 438-month sentence and convictions for being a member of a criminal enterprise in violation of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962(d) (RICO), conspiring to violate RICO, and a host of offenses arising out of his membership in the RICO enterprise. Court records indicate that Abed previously filed a § 2255 motion regarding the same convictions and sentence, which the court denied. See Civil Action No. 7:01cv00383. 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 Abed 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.