Opinion
Case No. 1:08CR00041
06-21-2016
UNITED STATES OF AMERICA v. CHARLES JERMAINE KING, Defendant.
Charles Jermaine King, Pro Se Defendant.
OPINION
Charles Jermaine King, Pro Se Defendant.
On October 19, 2009, I had sentenced defendant Charles Jermaine King to 180 months' imprisonment (ECF No. 135), and on May 13, 2014, I dismissed King's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255. United States v. King, No. 1:08CR00041, 2014 WL 1906695, at *1 (W.D. Va. May 13, 2014), appeal dismissed, 585 F. App'x 170 (4th Cir. 2014) (unpublished). More than two years later, King has filed another Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 (ECF No. 255) based on a change in case law. Because King has not shown 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).
DATED: June 21, 2016
/s/ James P. Jones
United States District Judge