United States District Court, W.D. Louisiana, Alexandria Division
REPORT AND RECOMMENDATION
H.L. Perez-Montes United States Magistrate Judge
the Court is a petition for writ of habeas corpus (28 U.S.C.
§ 2241) filed by pro se Petitioner Albert Donald
(“Donald”) (#16314-055). Donald is an inmate in
the custody of the Federal Bureau of Prisons
(“BOP”), incarcerated at the Federal Correctional
Institution in Pollock, Louisiana. Donald challenges the
legality of his sentence imposed in the United States
District Court for the Western District of New York.
Donald cannot meet the requirements of the savings clause of
28 U.S.C. § 2255, his petition should be dismissed for
lack of jurisdiction.
was convicted of drug trafficking offenses and a firearms
offense. He was sentenced to an aggregate term of 240 months
of imprisonment. United States v. Donald,
07-CR-6208L, 2013 WL 1580501, at *1 (W.D. N.Y. Apr. 12,
2013). Donald's conviction and sentence were affirmed by
summary order. United States v. Donald, 417
Fed.Appx. 41, 42 (2d Cir. 2011).
filed a motion to vacate under 28 U.S.C. § 2255 alleging
that he received ineffective assistance of counsel and is
actually innocent of the crimes charged. (Docket No.
6:11-CV-06265, W.D. N.Y.). The motion was denied.
Donald's appeal to the United States Court of Appeals for
the Second Circuit was also denied. (Docket No. 13-2320, 2nd
filed several motions to reduce his sentence, which were
denied because Donald was sentenced to a statutory minimum.
(Docket No. 6:07-CR-06208, W.D. N.Y., Docs. 135, 136, 151,
152, 164, 168).
filed another motion to vacate, citing Alleyne v. United
States, 133 S.Ct. 2151 (2013). (Docket No.
6:07-CR-06208, W.D. N.Y., Doc. 153). The motion was denied as
second and successive. (Docket No. 6:07-CR-06208, W.D. N.Y.,
filed a third motion to vacate, which was transferred to the
Second Circuit. The appellate court denied the petition.
(Docket No. 6:07-CR-06208, W.D. N.Y., Docs. 158, 159, 165).
Donald sought leave to file a successive § 2255 motion
based on United States v. Sellers, 784 F.3d 876 (2d
Cir. 2015). The appellate court denied the request because
the motion was not based on any newly discovered evidence or
a new rule of constitutional law made retroactive to cases on
collateral review by the Supreme Court. (Docket No. 16-2443,
§ 2241 petition, Donald claims that his prior felony
conviction should not have been used to enhance his sentence
because he was sentenced as a “youthful
offender.” Donald's claim has been litigated fully
in the Western District of New York and in the Second Circuit
Court of Appeals, both of which rejected the argument.
United States v. Donald, 07-CR-6208L, 2013 WL
1580501, at *1 (W.D.N.Y. Apr. 12, 2013); United States v.
Donald, 417 Fed.Appx. 41, 46 (2d Cir. 2011).
Law and Analysis
Donald cannot meet the requirements of ...