Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Smiley

June 16, 2009

UNITED STATES OF AMERICA
v.
KEITH SMILEY



The opinion of the court was delivered by: Irenas, Senior District Judge

MEMORANDUM ORDER DENYING MOTION FOR CORRECTION OF SENTENCE (Docket No. 538)

This matter having appeared before the Court upon Defendant Rajah Miller's "Motion for Correction of Sentence Due To The Misapplication Of The Sentencing Guidelines Pursuant to 18 U.S.C. [§§] 3742(a)(2) and 3582(c)(2)[,]" the Court having reviewed the motion, and it appearing that:

1. Movant Rajah Miller ("Miller") was a defendant in a criminal matter which was tried to a jury verdict before then-United States District Judge Stephen M. Orlofsky. Miller was convicted of conspiracy to distribute and possession with intent to distribute cocaine in violation of 21 U.S.C. § 846.

2. On December 4, 2000, Judge Orlofsky sentenced Miller to a prison term of 188 months. Thereafter, Miller unsuccessfully appealed his conviction to the Court of Appeals for the Third Circuit.

3. Miller levied a series of unsuccessful collateral challenges to the validity of his conviction, as follows-- a. The following proceedings occurred with respect to the matter of Miller v. United States, Civil Action No. 02-3986:

i. On August 16, 2002, Miller filed a petition to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. The petition was denied by this Court in an Order and Opinion dated June 4, 2003. Both this Court and the Third Circuit denied Miller's request for a certificate of appealability.

ii. This Court denied Miller's request for leave to file a motion pursuant to Fed. R. Civ. P. 60(b) via an Order dated January 4, 2006.

b. The following proceedings occurred with respect to the matter of Miller v. United States, Civil Action No. 04-4580:

i. On September 22, 2004, Miller filed a document styled as a "Motion To Be Relieved From Final Judgment Herein Pursuant To Rule 60(b)(6) Of The Federal Rules Of Civil Procedure." This Court treated the motion as a petition to certify a second or successive motion under 28 U.S.C. § 2255, and transferred the matter to the Court of Appeals for the Third Circuit.

ii. The Third Circuit denied Miller's application to file a second or successive petition under 28 U.S.C. § 2255.

c. The following proceedings occurred with respect to the matter of Miller v. United States, Civil Action No. 05-3207:

i. On June 24, 2005, Miller filed a petition to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255.

ii. On June 29, 2005, this Court dismissed the petition for want of jurisdiction as it was a second or successive § 2255 petition filed without leave from the Court of Appeals for the Third Circuit.

d. The following proceedings occurred with respect to the matter of Miller v. United States, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.