Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

United States v. Abed

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

October 21, 2014

UNITED STATES OF AMERICA
v.
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).[1] 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.[2] 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.[3]


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.