Santos v. United States

Background

Rafael Santos, who was incarcerated at Allenwood Medium Federal Correctional Institution, filed a motion challenging the constitutionality of his federal conviction and sentence. He filed the motion without a lawyer. The opinion states that the proper legal vehicle for this challenge was a motion under 28 U.S.C. § 2255, which generally allows a federal prisoner to challenge a conviction or sentence.

Santos had previously filed a § 2255 motion challenging the same conviction and sentence. The district court denied that earlier motion on procedural-default grounds. For purposes of deciding whether the new filing was a second or successive motion, the court treated that earlier denial as a denial on the merits.

Court’s Analysis

The court recharacterized Santos’s filing as a second or successive § 2255 motion. A federal prisoner generally must obtain authorization from the appropriate federal appeals court before filing such a motion in the district court. The opinion states that Santos had not indicated that he received that authorization.

Because second or successive motions should be sent to the appropriate appeals court, the court transferred Santos’s motion to the United States Court of Appeals for the Second Circuit in the interest of justice. The opinion includes one reference to a “§ 2225” motion, but its surrounding discussion and disposition identify the motion as arising under § 2255.

Ruling and Effect

Judge Loretta A. Preska ordered that the motion be transferred to the Second Circuit as a second or successive § 2255 motion and stated that the district-court action was closed. The court also ruled that a certificate of appealability would not issue because the motion did not make a substantial showing that Santos’s constitutional rights had been denied. It further certified that an appeal would not be taken in good faith and denied permission to appeal without paying court fees.