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United States v. Hudson

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

July 15, 2015

UNITED STATES OF AMERICA,
v.
LEONARD ANDRE HUDSON, Defendant.

Leonard Andre Hudson, Pro Se Defendant.

OPINION

JAMES P. JONES, District Judge.

On March 26, 2008, I sentenced defendant Leonard Andre Hudson to 188 months' imprisonment (ECF No. 71), and on December 19, 2012, I dismissed Hudson's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255. United States v. Hudson, No. 1:07CR00016, 2012 WL 6617114, at *1 (W.D. Va. Dec. 19, 2012), appeal dismissed, 522 F.Appx. 202 (4th Cir. 2013) (unpublished). More than two years later, Hudson has filed another Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 (ECF No. 147) based on a change in case law. Because Hudson does not establish that the United States Court of Appeals for the Fourth Circuit has authorized him to file a successive § 2255 motion, the § 2255 motion must be dismissed without prejudice as successive pursuant to 28 U.S.C. § 2255(h).


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