Opinion
Case No. 1:03CR00012-2
06-21-2016
UNITED STATES OF AMERICA v. MERRIE ELLEN REID, Defendant.
Jennifer R. Bockhorst, Assistant United States Attorney, Abingdon, Virginia, for United States; Nancy Dickenson, Assistant Federal Public Defender, Abingdon, Virginia, for defendant.
OPINION
Jennifer R. Bockhorst, Assistant United States Attorney, Abingdon, Virginia, for United States; Nancy Dickenson, Assistant Federal Public Defender, Abingdon, Virginia, for defendant.
On August 27, 2003, I had sentenced defendant Merrie Ellen Reid to 572 months' imprisonment (ECF No. 59), and on December 5, 2005, I dismissed Reid's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255. Reid v. United States of America, No. 7:05CV00370, 2005 WL 3297444, at *1 (W.D. Va. Dec. 5, 2005). More than ten years later, Reid has filed another Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 (ECF No. 103) based on a change in case law. Because Reid has not shown that the United States Court of Appeals for the Fourth Circuit has authorized her 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