United States District Court, M.D. Louisiana
SHELLY D. DICK UNITED STATES DISTRICT COURT
matter is before the Court on the Motion to Vacate under
28 U.S.C. 2255 as to Johnson/Welch Act by Defendant,
Mario K. Johnson (“Defendant”). The Government
has filed an Opposition to this motion. Because the
Court lacks jurisdiction over this matter, Defendant's
motion shall be denied.
29, 2007, the Defendant pled guilty to distribution of five
grams or more of crack cocaine in violation of 21 U.S.C.
§ 841(a)(1). On October 8, 2008, the Defendant was
sentenced to 210 months of imprisonment.
March 3, 2010, Defendant filed a Motion to Vacate
Sentence under 28 U.S.C. § 2255,  which the Court
denied. On May 20, 2015, Defendant filed another
Motion to Vacate Sentence under 28 U.S.C. §
2255,  which the Court transferred to the Fifth
Circuit since Defendant had failed to receive authorization
to file a successive Section 2255 motion. The Fifth Circuit
denied authorization for the Defendant's successive
Section 2255 motion.
has filed the current motion, his third motion to vacate
pursuant to Section 2255, and has again failed to get
authorization for this filing from the Fifth Circuit.
Therefore, this Court lacks jurisdiction over Defendant's
order to obtain permission from the appellate court, the
Defendant must make a prima facie showing that his
proposed Section 2255 motion relies upon either (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.” When seeking leave to file a successive
Section 2255 motion on the basis of a new rule of
constitutional law, a movant “must point to a Supreme
Court decision that either expressly declares the collateral
availability of the rule ... or applies the rule in a
the motion can be considered on the merits by this Court, the
Defendant must obtain authorization to file this successive
petition from the United States Court of Appeals for the
Fifth Circuit by making a prima facie showing of the
above listed requirements to that appellate court as required
by 28 U.S.C. § 2244(b)(3)(A). Until such time as
petitioner obtains said authorization, this Court may not
the Defendant's Motion to Vacate under 28 U.S.C. 2255
as to Johnson/Welch Act is denied without prejudice to
the Defendant obtaining authorization from the United States
Court of Appeals for the Fifth Circuit to file a successive
IS SO ORDERED.
 Rec. Doc. No. 74.
 Rec. Doc. No. 79.
 Rec. Doc. No. 52.