Opinion
Crim. Action CCB-09-076
03-12-2024
UNITED STATES OF AMERICA, v. MONTEZ GIBSON.
MEMORANDUM & ORDER
Catherine C. Blake, United States District Judge
On May 10, 2010, Montez Gibson was sentenced to 156 months incarceration for Hobbs Act robbery (Count Two), and a consecutive 84 months incarceration for using a firearm in relation to a crime of violence (Count Three), for a total term of 240 months.Sentencing, ECF 38; Judgment, ECF 44. Through counsel he filed a motion to vacate under 28 U.S.C. § 2255 on June 10, 2016. Mot. to Vacate, ECF 55. After counsel was permitted to withdraw, see Order, ECF 64, Gibson filed a motion to supplement, Mot. to Supp., ECF 74, which was considered by the court. The 2255 petition was denied on October 15, 2021. Order Denying Mot. to Vacate, ECF 76. No appeal was filed.
This sentence was imposed along with a consecutive 60-month sentence in Case No. 10-cr-0211-BEL for a total term of imprisonment of 300 months. See Judgment.
On September 21, 2022, Gibson filed a “motion to invoke Rule 52(B) and Fed. R. Crim. P. 11.” Mot., ECF 77. Upon review, it appears to constitute a second or successive petition under 28 U.S.C. § 2255. Unless Gibson receives authorization from the Fourth Circuit, this court lacks jurisdiction to rule on his motion. 28 U.S.C. § 2255(h); id. § 2244(b)(3)(A); In re McNeill, 68 F.4th 195, 201 (4th Cir. 2023). Gibson appears to acknowledge as much, noting that his “motion was suppose[d] to go to the 4th Cir Court of Appeals.” Correction of Filing, ECF 78.
Accordingly, it is hereby ORDERED that:
1. The motion to invoke Rule 52(B), ECF 77, construed as a second or successive motion under 28 U.S.C. § 2255, is DENIED and DISMISSED without prejudice;
2. No certificate of appealability will be issued; and
3. The Clerk shall SEND a copy of this Memorandum & Order to Montez Gibson and AUSA Jason Medinger.