Vasquez v. United States

Background

Vasquez Ismael, who is incarcerated at USP Big Sandy in Inez, Kentucky, filed a self-represented motion under 28 U.S.C. § 2255 challenging the judgment of conviction entered in his criminal case. The opinion identifies the criminal case as No. 15-CR-0551.

Court records showed that Vasquez had previously filed a § 2255 motion challenging the same conviction. The earlier motion was decided on its merits. The district court therefore treated the new filing as a second or successive § 2255 motion.

Reason for Transfer

Under 28 U.S.C. § 2244(b)(3)(A), a person must obtain authorization from the appropriate federal court of appeals before filing a second or successive § 2255 motion in the district court. The opinion states that authorization must come from the United States Court of Appeals for the Second Circuit. It also states that authorization requires a showing based on newly discovered evidence or a new constitutional rule made retroactive by the Supreme Court.

Ruling

The court transferred Vasquez’s § 2255 motion to the Second Circuit under 28 U.S.C. § 1631 and closed the district-court case. The court stated that, if the Second Circuit authorizes Vasquez to proceed, he may ask to reopen the case under the same civil docket number.

The court also ruled that a certificate of appealability would not issue because the motion did not make a substantial showing that a constitutional right had been denied. In addition, the court certified that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The district court did not decide the merits of Vasquez’s challenge to his conviction.