Opinion
CAUSE NO. 3:10-CR-107 RLM
05-31-2016
UNITED STATES OF AMERICA, v. JASON SMITH
OPINION and ORDER
Jason Smith's second motion to vacate, set aside, or correct his sentence pends before the court. The court denied Mr. Smith's first motion as untimely on May 1, 2014. His second motion, like the first, challenges the underlying conviction and appellate counsel's performance on direct appeal, not the amended order reducing Mr. Smith's sentence under 18 U.S.C. § 3582(c)(2) [Doc. No. 114]. The court, accordingly, views the defendant's motion [Doc. No. 121] as an unauthorized successive petition under 28 U.S.C. § 2255, see 28 U.S.C. § 2255(h); Henderson v. United States, 264 F.3d 709, 710 (7th Cir. 2001); United States v. Evans, 224 F.3d 670, 672-75 (7th Cir. 2000), and DENIES the motion.
SO ORDERED.
ENTERED: May 31, 2016
/s/ Robert L. Miller, Jr.
Judge
United States District Court