United States v. Smith

MEMORANDUM OPINION

RICHARD W. ROBERTS, Chief Judge

Defendant Billy Ray Smith has filed pro se two motions under 28 U.S.C. § 2255 to vacate.the sentence imposed upon him for his supervised release violation, alleging that he is actually innocent and that the court lacked jurisdiction to impose that sentence. The government opposes Smith’s motions, arguing that Smith’s claims are procedurally defaulted because he failed to raise them on direct appeal. Because Smith did not file a direct appeal of his sentence and has not demonstrated cause and actual prejudice to overcome procedural default, nor…