Opinion
NO. 3:07-cr-445 NO. 3:11-cr-145
03-14-2012
UNITED STATES OF AMERICA, v. LUIS ANTONIO DUTTON-MYRIE, Defendant.
(JUDGE CAPUTO)
MEMORANDUM ORDER
On February 10, 2012, Defendant Luis Antonio Dutton-Myrie filed a Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody. (Doc. 145.) It appears, however, that the above-captioned action is currently on direct appeal to the United States Court of Appeals for the Third Circuit. (Doc. 137.) As district courts should only consider a § 2255 motion in "extraordinary circumstances" while a direct appeal is pending, see Kline v. United States, No. 04CR269, 2006 WL 680842 (M.D. Pa. Mar. 14, 2006); see also Kapral v. United States, 166 F.3d 565, 570 (3d Cir.1999) ("collateral attack [under § 2255] is generally inappropriate if the possibility of further direct review remains open: A district court should not entertain a habeas corpus petition while there is an appeal pending in [the court of appeals] or in the Supreme Court"), and Defendant has presented no such "extraordinary circumstances," Defendant's motion to vacate (Doc. 83) will be dismissed as premature.
An appropriate order follows.
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A. Richard Caputo
United States District Judge