Johnny Edward Carter v. United States
405 F. App'x 409
11th Cir.2010Background
- Carter, a federal prisoner, challenged his conviction via a second §2255 motion to vacate under 28 U.S.C. §2255.
- District court dismissed the motion as untimely and denied relief, but granted a certificate of appealability.
- This Court previously held Carter’s first §2255 motion was untimely (cite as Carter v. United States, 04-12044, 2004).
- Carter later filed a motion to reduce his sentence under §3582(c), which remains pending in district court.
- Government moved to dismiss the second §2255 motion for lack of leave to file a second or successive petition; magistrate judge recommended denial on untimeliness and merit grounds, which district court adopted.
- This Court sua sponte addresses jurisdiction and determines the district court lacked jurisdiction to entertain a second §2255 motion; we vacate and remand to dismiss for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court had jurisdiction to hear a second/successive §2255 motion | Carter contends the motion complies with §2255 timing requirements | Government asserts lack of authorization under §§2244(b)(3)(A) and 2255(h) for a second/successive §2255 | No jurisdiction without authorization; district court must dismiss for lack of jurisdiction |
| Whether the proper vehicle for Carter’s challenge is §2255 rather than §3582(c) | Motion is a §2255 challenge to conviction/sentence | Relief sought falls under §3582(c) or untimely under §2255 | Resolution rests on jurisdictional basis; court treats as §2255 proceeding but lacks authorization |
| Whether the court should remand with dismissal for lack of jurisdiction | N/A | N/A | VACATE and REMAND to district court to dismiss for lack of jurisdiction |
Key Cases Cited
- United States v. Holt, 417 F.3d 1172 (11th Cir. 2005) (lack of jurisdiction to entertain second or successive §2255)
- Thomas v. Blue Cross and Blue Shield Ass’n, 594 F.3d 823 (11th Cir. 2010) (sua sponte jurisdiction review; ensure district court jurisdiction)
- Bochese v. Town of Ponce Inlet, 405 F.3d 964 (11th Cir. 2005) (jurisdictional limits in appellate review)
- Frulla v. CRA Holdings, Inc., 543 F.3d 1247 (11th Cir. 2008) (jurisdiction and authorization for successive petitions)
- University of South Alabama v. American Tobacco Co., 168 F.3d 405 (11th Cir. 1999) (agency of appellate jurisdiction principles)