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United States v. Hewitt

United States District Court, D. Minnesota

January 31, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
CARLOS LARON HEWITT, Defendant.

Carlos Laron Hewitt, pro se.

Michael L. Cheever, UNITED STATES ATTORNEY'S OFFICE, for plaintiff.

ORDER

PATRICK J. SCHILTZ, District Judge.

Defendant Carlos Laron Hewitt pleaded guilty to numerous drug-related offenses and is currently serving a 324-month term of imprisonment. See ECF No. 651. Hewitt has twice filed motions to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255.[1] See ECF Nos. 539 & 664. Both of those motions were denied. See ECF Nos. 542 & 668. Hewitt now moves "to reopen and for leave to amend" his previous § 2255 motions based on what he claims to be newly discovered evidence showing that his sentence was imposed in violation of the Constitution or laws of the United States. ECF No. 691.

Hewitt purports to bring his motion pursuant to Fed.R.Civ.P. 15(a) and Fed.R.Civ.P. 60(b), but those rules do not authorize the relief that Hewitt seeks. In reality, Hewitt's motion is a transparent attempt to bring a third motion under § 2255. Hewitt cannot bring such a motion unless he first receives permission from the Eighth Circuit. See 28 U.S.C. § 2255(h). Accordingly, this Court does not have authority to consider Hewitt's motion.

ORDER

Based on the foregoing, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT the motion of defendant Carlos Laron Hewitt to reopen and for leave to amend [ECF No. 691] is DENIED.


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