Washington v. United States of America

Filing 2

MEMORANDUM AND ORDER: ORDERED that this action is DISMISSED without prejudice.An Order of Dismissal will be filed separately.. Signed by District Judge Jean C. Hamilton on 7/1/14. (CEL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
EARNEST WASHINGTON,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent,

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No. 4:14CV1117 JCH

MEMORANDUM AND ORDER
This matter is before the Court on movant=s motion to vacate, set aside, or correct
sentence under 28 U.S.C. ' 2255. The Court will summarily dismiss the motion because it is
successive and movant has not obtained leave from the Eighth Circuit Court of Appeals to file it.
Movant was found guilty by a jury of conspiracy to distribute heroin and conspiracy to
commit murder-for-hire. United States v. Washington, 4:99CR296 (E.D. Mo.). On November
16, 2000, the Court sentenced movant to life imprisonment. Id. The Court of Appeals for the
Eighth Circuit affirmed. In October 2004 movant filed his first motion to vacate under § 2255.
Washington v. United States, 4:04CV1360 (E.D. Mo.).

The Court denied the motion on

December 29, 2005. The Court of Appeals refused to issue movant a certificate of appealability
on June 11, 2007.
Movant now argues that he should be released from confinement based on the United
States Supreme Court’s decision in Alleyne v. United States, 133 S. Ct. 2151 (2013). Movant
believes that the decision is retroactively applicable on collateral review and that it provides him
relief.

Under 28 U.S.C. § 2255(h) and § 2244(b)(3)(A) movant must first receive permission
from the Eighth Circuit Court of Appeals before he can bring a successive § 2255 motion in this
Court. Absent certification from the Court of Appeals, this Court lacks authority under § 2255 to
grant movant=s requested relief. As a result, the motion will be dismissed. See 28 U.S.C.
§ 2255, Rule 4.
Accordingly,
IT IS HEREBY ORDERED that this action is DISMISSED without prejudice.
An Order of Dismissal will be filed separately.
Dated this 1st day of July, 2014.

/s/ Jean C. Hamilton
JEAN C. HAMILTON
UNITED STATES DISTRICT JUDGE

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