U.S. v. ANDREWS

Case Nos. 07-CR-10221-JTM-2, 17-CV-01035-JTM

UNITED STATES OF AMERICA, Plaintiff, v. TYRONE L. ANDREWS, Defendant.

United States District Court, D. Kansas.


Attorney(s) appearing for the Case

First Horizon Home Loans, Movant, represented by Eldon L. Gay , Riordan, Fincher, Munson & Sinclair, PA & Thomas James Fritzlen, Jr. , Martin Leigh, PC.

Metlife Home Loans, Movant, represented by Thomas James Fritzlen, Jr. , Martin Leigh, PC.

USA, Plaintiff, represented by Annette B. Gurney , Office of United States Attorney, Colin D. Wood , Office of United States Attorney, Debra L. Barnett , Office of United States Attorney, Robin Lynn Sommer & Tanya S. Wilson , Office of United States Attorney.


MEMORANDUM AND ORDER

J. THOMAS MARTEN, Chief District Judge.

Before the court is defendant's request for removal of the two point enhancement to his sentence because "[he cannot] take the drug program to get the extra year off." Dkt 1075. Defendant claims the "pullover" was illegal and that he did not receive the minimum sentence. Id. The docket indicates that defendant has previously filed a motion to vacate sentence under 28 U.S.C. § 2255. Dkt. 742. This court lacks jurisdiction to address the merits of a second or successive § 2255 motion until the Court of Appeals grants authorization. 28 U.S.C. § 2255(h); United States v. Nelson, 465 F.3d 1145, 1148 (10th Cir. 2006). Accordingly, the court denies the motion and refers it to the Tenth Circuit Court of Appeals for authorization.

IT IS THEREFORE ORDERED this 10th day of February, 2017, that defendant's motion (Dkt. 1075) is denied without prejudice and referred to the Tenth Circuit Court of Appeals for authorization.


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