Rolle v. United States

Background

Kevin Dion Rolle, Jr., who was incarcerated at FDC Miami in Florida, filed a motion under 28 U.S.C. § 2255 without a lawyer. Section 2255 allows a person in federal custody to challenge a federal conviction or sentence on specified legal grounds. Rolle’s motion challenged the judgment entered in his criminal case.

Court’s Analysis

The court declined to address the merits of the motion because Rolle had a pending direct appeal before the U.S. Court of Appeals for the Second Circuit, No. 21-2900. The court explained that a person generally must pursue a direct appeal before seeking relief under Section 2255. Although a district court may sometimes consider a Section 2255 motion while a direct appeal is pending, the court stated that doing so is generally appropriate only in extraordinary circumstances because the appeal could affect or make unnecessary the district court’s review.

Ruling

The court held that Rolle’s Section 2255 motion was premature. Judge Torres denied the Section 2255 motion without prejudice to refiling after disposition of the direct appeal, should relief still be necessary. The court separately dismissed the civil case opened for the motion and directed the Clerk of Court to terminate all motions and close No. 22 Civ. 9605. The opinion did not decide the merits of Rolle’s challenge to his conviction or sentence.