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United States v. Jones

United States District Court, D. Minnesota

May 27, 2015

United States of America, Plaintiff,
v.
Jesse Lamond Jones, Defendant. Civil No. 14-448 (JNE)

ORDER

JOAN N. ERICKSEN, District Judge.

A jury found Defendant guilty of being a felon in possession of a firearm. The Court sentenced him to 300 months' imprisonment. Defendant appealed, and the United States Court of Appeals for the Eighth Circuit affirmed. United States v. Jones, 485 F.Appx. 848 (8th Cir. 2012). Defendant filed a motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. The Court denied the motion. More than nine months later, Defendant filed a motion under Fed.R.Civ.P. 60(b)(6).

Although he relied on Rule 60(b)(6), Defendant has actually attempted to file a second motion under § 2255 without authorization from the Eighth Circuit. See United States v. Lambros, 404 F.3d 1034, 1036 (8th Cir. 2005) (per curiam); United States v. Matlock, 107 F.Appx. 697, 698 (8th Cir. 2004) (per curiam). "It is well-established that inmates may not bypass the authorization requirement of 28 U.S.C. § 2244(b)(3) for filing a second or successive § 2254 or § 2255 action by purporting to invoke some other procedure." Lambros, 404 F.3d at 1036. Accordingly, the Court denies the motion. See id. at 1036-37. The Court declines to issue a certificate of appealability. See id.

Based on the files, records, and proceedings herein, and for the reasons stated above, IT IS ORDERED THAT:

1. Defendant's "motion pursuant to 60(b)(6)-(due to defect in the integrity of federal proceeding)" [Docket No. 139] is DENIED.
2. A certificate of appealability is DENIED.

LET JUDGMENT BE ENTERED ACCORDINGLY.


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