Opinion
Criminal Action 09-459
08-03-2022
UNITED STATES OF AMERICA v. RIVERA-RODRIGUEZ
ORDER
Hon. Petrese B. Tucker, U.S.D.J.
AND NOW, this 3rd day of August 2022, IT IS HEREBY ORDERED AND DECREED that Defendant's Motion to Correct Sentence Under 28 U.S.C. § 2255 (ECF No. 47) is DENIED.
Defendant previously filed a § 2255 motion, which this Court denied. See ECF No. 39. The Third Circuit Court of Appeals denied Defendant's application for leave to file a second or successive motion under § 2255. See ECF No. 48. Defendant's briefing relies on the Supreme Court's decision in Johnson v. United States, 135 S.Ct. 2551 (2015), but the Third Circuit determined that Johnson does not apply to the case at bar. Without authorization from the Third Circuit, this Court may not consider the instant § 2255 motion.
IT IS FURTHER ORDERED that Defendant's Motion for Immediate Dismissal (ECF No. 52) is DENIED AS MOOT.