Menteer v. United States, No. 15-3550 (8th Cir. 2015)
Annotate this CasePetitioner moved for authorization to file a successive motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255, seeking to present a new claim based on Johnson v. United States. The court concluded that circuit precedent requires the court to grant petitioner's motion. Woods v. United States concluded that solely because the government conceded that a motion for authorization based on Johnson should be granted, the movant made a prima facie showing under section 2255(h)(2). The court emphasized, however, that after the motion is filed, the district court “must not defer” to this court’s “preliminary determination” in granting authorization. The government’s position is not conclusive, and “the district court must dismiss the motion that [this court has] allowed the applicant to file, without reaching the merits of the motion, if the court finds that the movant has not satisfied the requirements for the filing of such a motion.”
Court Description: Colloton, Author, with Wollman and Gruender, Circuit Judges] Prisoner case - Habeas. The movant makes a prima facie case for issuance of authorization for permission to file a successive habeas based on Johnson v. United States, 135 S. Ct. 2551 (2015), when the government concedes that authorization should be granted. See Woods v. U.S., No. 15-3531, 2015 WL 7351939 (8th Cir. Nov. 20, 2015). However, on remand, the district court "must not defer" to this court's "preliminary determination" in granting authorization; the government's position is not conclusive, and the district court must dismiss the motion that this court has permitted Menteer to file if the district court finds he has not satisfied the requirements for filing of such a motion. [ December 02, 2015
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