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United States v. Torian

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

April 13, 2015

UNITED STATES OF AMERICA
v.
CHARLES LEE TORIAN, Petitioner.

2255 MEMORANDUM OPINION

NORMAN K. MOON, District Judge.

Charles Lee Torian, a federal inmate proceeding pro se, filed a "motion pursuant to Federal Rule of Criminal Procedure 36 for correction of a clerical error" which I construe as a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255.[1] Upon review of the record, however, I conclude that the § 2255 motion must be dismissed as an unauthorized, successive motion.

Torian challenges his convictions for various drug offenses and sentence of 300 months which I imposed by judgment entered April 29, 2002. Court records indicate that Torian previously filed a § 2255 motion regarding the same convictions and sentence, which I dismissed. See Civil Action No. 7:03cv00179. I 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 Torian has not submitted any evidence of having obtained certification from the Court of Appeals to file a second or successive § 2255 motion, I must dismiss his motion without prejudice as successive.[3]


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