Thomas Vitrano v. United States

TINDER, Circuit Judge.

This case requires us to consider whether the district court abused its discretion in denying Thomas Vitrano’s motion to amend his 28 U.S.C. § 2255 petition. For the reasons that follow, we find no abuse of discretion and affirm.

I. BACKGROUND

Vitrano was convicted pursuant to his guilty plea of possessing a firearm as a felon, 18 U.S.C. § 922(g)(1), and possessing a firearm while subject to a domestic abuse injunction, id. § 922(g)(8)(B). He was sentenced to 120 months’ imprisonment. See 18 U.S.C. § 924(a)(2). The government challenged the sentence, arguing that Vitrano…