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United States v. Scott

United States District Court, Eighth Circuit

January 23, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
CHRISTOPHER ALLEN SCOTT, Defendant.

MEMORANDUM OPINION

LYLE E. STROM, Senior District Judge.

This matter is before the Court on the motion of defendant Christopher Scott to vacate, set aside or correct his sentence (Filing No. 1243). This is not the first motion defendant has filed pursuant to 28 U.S.C. § 2255.

A petitioner seeking to file a second or successive § 2255 motion challenging their conviction or sentence must first obtain circuit court certification. 28 U.S.C. § 2255(h). Because the defendant has not received approval from the Eighth Circuit to file a second or successive § 2255 motion, the Court lacks jurisdiction over his claims. See, United States v. Key, 205 F.3d 773, 774 (5th Cir. 2000); United States v. Alvarez-Ramirez, 128 F.Supp.2d 1265, 1267 (C.D.Cal. 2001). Lacking jurisdiction, defendant's motion will be dismissed without prejudice. A separate order will be entered in accordance with this memorandum opinion.


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