In re: Weathersby
Court of Appeals for the Tenth Circuit
1Opinion of the Court
ORDER
2Per curiam
Keith V. Weathersby has filed a motion for authorization to file a second or successive motion to vacate, set aside or correct sentence under 28 U.S.C. § 2255. Because it does not appear that the § 2255 motion Mr. Weathersby seeks to file would be a “second or successive” motion subject to the gatekeeping provisions of 28 U.S.C. § 2255(h) and § 2244(b)(3), we dismiss the motion for authorization as unnecessary.
Mr. Weathersby was convicted of two federal drug offenses in March 2002 and sentenced to 292 months in prison. We affirmed his conviction and sentence on direct appeal. See United…
3Cases cited9 opinions
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- Johnson v. United StatesSupreme Court of the United States · 2005
- United States v. PettifordCourt of Appeals for the Fourth Circuit · 2010
- Leal Garcia v. QuartermanCourt of Appeals for the Fifth Circuit · 2009
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