USA v. Wiig
Criminal

District of Nebraska, ned-8:2005-cr-00245-35162

MEMORANDUM AND ORDER as to Charles E. Wiig. It is ordered that the Court has reviewed the Defendant's successive Motions under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (§ 2255 Motions), ECF No. {{135}}, ECF No. {{138}}. For the reasons stated above, the § 2255 Motions, ECF No. {{135}}, ECF No. {{138}}, will be summarily dismissed, anda separate Judgment will be entered. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(MLF,)

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8:05-cr-00245-LSC-FG3 Doc # 143 Filed: 06/23/17 Page 1 of 2 - Page ID # 716 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA, Plaintiff, 8:05CR245 vs. MEMORANDUM AND ORDER CHARLES E. WIIG, Defendant. This matter is before the Court on two Motions Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody ("§ 2255 Motions"), ECF No. 135, ECF No. 138, filed by the Defendant, Charles Wiig. The Defendant's § 2255 Motions are successive motions. (See ECF Nos. 71, 73, 75, 115.) When a second or successive § 2255 motion is filed: A second or successive motion must be certified as provided in section 2244 by a panel of the appropriate court of appeals to contain– (1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense; or (2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable. 28 U.S.C. § 2255(h). Because the Defendant has not obtained certification from the U.S. Court of Appeals for the Eighth Circuit to file his successive § 2255 Motions, the Motions will be denied. THEREFORE, IT IS ORDERED: 8:05-cr-00245-LSC-FG3 Doc # 143 Filed: 06/23/17 Page 2 of 2 - Page ID # 717 1. That the Court has reviewed the Defendant's successive Motions under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody ("§ 2255 Motions"), ECF No. 135, ECF No. 138; 2. For the reasons stated above, the § 2255 Motions, ECF No. 135, ECF No. 138, will be summarily dismissed; and 3. A separate Judgment will be entered. Dated this 23rd day of June, 2017. BY THE COURT: s/Laurie Smith Camp Chief United States District Judge 2