Smith v. United States of America (INMATE 3)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ATRAVIUS SMITH, ) ) Petitioner, ) ) v. ) Case No. 2:21-cv-271-MHT-SMD ) (WO) UNITED STATES OF AMERICA, ) ) Respondent. ) RECOMMENDATION OF THE MAGISTRATE JUDGE Atravius Smith is before the court on a motion to vacate, set aside, or correct sentence filed under 28 U.S.C. § 2255. (Doc. 1.)1 For the reasons discussed below, the Magistrate Judge RECOMMENDS that the § 2255 motion be DENIED without an evidentiary hearing and that this action be DISMISSED with prejudice. I. BACKGROUND On May 22, 2018, a jury…