Opinion
Case No. 2:03CR10069
11-29-2018
UNITED STATES OF AMERICA, v. BILLY WAYNE PAGE, Defendant.
Billy Wayne Page, Pro Se Defendant.
OPINION
Billy Wayne Page, Pro Se Defendant.
The defendant, Billy Wayne Page, proceeding pro se, filed a second Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255, alleging that he is entitled to be resentenced in light of Johnson v. United States, 135 S. Ct. 2551 (2015). For the reason stated, I must summarily deny Page's § 2255 motion without prejudice as successive.
Under Rule 4 of the Rules Governing § 2255 Proceedings, the court may summarily dismiss a § 2255 motion where it is clear from the motion and the record of prior proceedings that the defendant is not entitled to relief. --------
This 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. See § 2255(h). Court records indicate that Page previously filed a § 2255 motion raising similar arguments concerning this same conviction and sentence, and I dismissed it as untimely filed. United States v. Page, No. 2:03CR10069, 2017 WL 3835886 (W.D. Va. Sept. 1, 2017). Because Page offers no indication that he has obtained certification from the court of appeals to file a second or successive § 2255 motion, I must dismiss Page's current action without prejudice.
A separate Final Order will be entered herewith.
DATED: November 29, 2018
/s/ James P. Jones
United States District Judge