Opinion
Civil No. 00-0515-AH-S, Criminal No. 95-00229-RV.
June 20, 2000
ORDER
This matter is before the Court on Defendant's motion which the Court construes as a motion to set aside, vacate or correct sentence filed pursuant to 28 U.S.C. § 2255. (Doc. 518). Defendant was tried and convicted by a jury before this Court. On January 22, 1997, Defendant was sentenced to 121 months imprisonment. Defendant appealed and on February 6, 1998, the United States Court of Appeals for the Eleventh Circuit denied Defendant's appeal. On December 21, 1998, Defendant filed a motion to set aside, vacate or correct sentence pursuant to section 2255. (Doc. 474). On May 25, 1999, the Court denied Defendant's motion. (Doc. 497). Defendant has filed the instant motion alleging error in Defendant's sentence.
Title 28 U.S.C. § 2255 provides:
A second or successive motion must be certified as provided in section 2244 by a panel of the appropriate court of appeals to contain —
(1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense; or
(2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.
Defendant's motion has not been certified by the Court of Appeals as required by section 2255. Consequently, Defendant's motion is DENIED. Defendant's motion to proceed in forma pauperis (Doc. 517) is likewise, DENIED.