United States District Court, E.D. Virginia, Richmond Division
L. Wood, a federal inmate proceeding pro
se9 submitted this successive motion under 28
U.S.C. § 2255 to vacate, set aside, or correct his
sentence ("§ 2255 Motion," ECF No.
109). The Government has filed its Response.
(ECF No. 119.) Wood has filed his Reply. (ECF No. 122.) For
the reasons set forth below, the Court will deny Wood's
§ 2255 Motion as barred by 28 U.S.C. § 2255(h)(2).
jury charged Wood with conspiracy to possess with the intent
to distribute more than five grams of cocaine base (Count
One), one count of possession with the intent to distribute
more than five grams of cocaine base (Count Two), conspiracy
to use and carry firearms during and in relation to a drug
trafficking crime as charged in Count One (Count Three), use
and carry of a firearm during and in relation to a drug
trafficking crime as charged in Count One, resulting in
murder in the second degree (Count Four). (Indictment 1-3,
ECF No. 1.) On July 22, 1999, a jury found Wood guilty of
Counts One, Three, and Four of the Indictment. (ECF No. 23.)
probation office prepared a Presentence Report
("PSR") for Wood prior to sentencing. Wood's
base offense level for Count One was 43 because the victim
was killed during the commission of the crime. (See
PSR Wkst. A, at 1 (citing United States Sentencing Guidelines
("USSG") USSG § 2D1.1(d)(1) & §
2A1.1(a)). Wood's base offense level for Counts Three and
Four was 33. (See PSR Wkst. A, at 2-3.) Due to
grouping provisions, Wood's combined adjusted offense
level, and ultimately offense level total, was 43.
(See PSR Wkst. B, at 1.) Wood's criminal history
category was IV, resulting in a sentencing guideline range of
life in prison. (See PSR Wkst. D, at 1.) However,
Count One carried a restricted statutory range of 480 months
maximum and Count Three similarly carried a maximum of 240
months maximum. (Id.)
October 20, 1999, the Court sentenced Wood to 480 months of
incarceration on Count One, 240 months of incarceration on
Count Three, and life in prison on Count Four. (J. 2, ECF No.
33.) On August 14, 2000, the United States Court of Appeals
for the Fourth Circuit affirmed Wood's conviction and
sentence. United States v. Wood, No. 99-4822, 2000
WL 1144598, at *1 (4th Cir. Aug. 14, 2000).
December 14, 2001, Wood filed his first motion to vacate, set
aside, or correct his sentence pursuant to 28 U.S.C. §
2255. (ECF No. 44 (see docket entry above dated Dec. 14,
2001).) By Memorandum Opinion and Order entered on June 21,
2002, the Court denied Wood's § 2255 motion. See
Wood v. United States, No. CRIM.A. 3:99-CR144, 2002 WL
32507838, at *1-6 (E.D. Va. June 21, 2002). Since that time,
Wood has attempted continuously to attack his conviction and
sentence and has filed at least three unauthorized second or
successive § 2255 motions. (See ECF Nos. 54,
25, 2016, the Fourth Circuit granted Wood authorization to
file this successive § 2255 motion. (See ECF
No. 105, at 1.) Attached to the Fourth Circuit's Order
was a Proposed § 2255 Motion that the Court docketed.
(ECF No. 107.) In response to the Court's July 28, 2016
Memorandum Order, on August 12, 2016, Wood filed the §
2255 Motion presently before the Court. (ECF No. 109.)
Accordingly, by Memorandum Order entered on September 20,
2016, the Court directed that the United States Attorney be
served with a copy of Wood's § 2255 Motion. (ECF No.
Wood has inundated the Court with various filings. Before the
Government filed its response, Wood filed a Motion to Amend
and yet another amended § 2255 motion. (ECF No. 114.) By
Memorandum Order entered on November 22, 2016, the Court
directed the Government to address the Motion to Amend in its
response. (ECF No. 117.) The Government filed its Response on
December 21, 2016. (ECF No. 119.) The Court received
Wood's Reply on January 27, 2017. (ECF No. 122.) Since
that date, Wood had filed multiple documents containing
supplemental authority. (ECF Nos. 124, 126, 127.)
Memorandum Order entered on October 30, 2017, the Court
directed the Government to file supplemental briefing about
whether Wood has satisfied the requirements of 28 U.S.C.
§ 2255(h)(2) for filing his successive § 2255
Motion. (ECF No. 131, at 2-3.) The Government filed its
supplemental brief (ECF No. 136) and Wood filed a response
(ECF No. 137). As discussed below, Wood's various claims
are procedurally barred by 28 U.S.C. § 2255(h)(2)'s
prohibition of successive §2255 motions.
§ 2255 Motion, Wood raises entitlement to relief based
upon the following ...