Allen v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD BENJAMIN ALLEN, III, Movant, v. CIVIL ACTION NO. 1:20-00234 CRIMINAL NO. 1:18-00154 UNITED STATES OF AMERICA, Respondent. MEMORANDUM OPINION AND ORDER By separate order, the court has denied movant’s § 2255 petition and dismissed this case with prejudice. (ECF No. 120.) Just prior to that order, movant filed a motion seeking leave to amend his petition based on the Supreme Court’s ruling in Borden v. United States,

141 S. Ct. 1817

(2021). (ECF No. 119.) Movant argues that, under Borden, one of his prior…