United States v. Chin
Opinion
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
WEI CHIN,
Petitioner, Criminal Action No. 8-124 (JMC)
v.
UNITED STATES,
Respondent.
MEMORANDUM OPINION
Petitioner Wei Chin seeks a writ of habeas corpus under
28 U.S.C. § 2255. ECF 79; ECF
81. He challenges the judgment of conviction entered in United States v. Chin, 8cr124. The Court
DISMISSES Chin’s habeas petition for lack of subject-matter jurisdiction.
Persons who wish to file a second or successive habeas petition in a district court must
move the court of appeals to authorize the district court to consider the petition. See
28 U.S.C. § 2244(b)(3)(A). Without such authorization, the district court lacks subject-matter jurisdiction to
consider the habeas petition. See Burton v. Stewart,
549 U.S. 147, 149(2007).
Here, in 2008, Chin pleaded guilty to violating
18 U.S.C. § 2423(b). ECF 10. A year later,
Chin petitioned for habeas relief under § 2255; he sought to vacate or set aside his sentence. ECF
29 at 3. The Court denied this petition. ECF 68. Chin now files another habeas petition under
§ 2255. ECF 81. He again seeks relief related to his 2008 guilty plea. Id. at 12. But Chin did not
move the Court of Appeals for the D.C. Circuit to allow him to file this petition. Because Chin has
filed a second or successive habeas petition without obtaining the appropriate authorization from
the court of appeals, this Court lacks subject-matter jurisdiction over this latter petition. Chin’s
petition is thus dismissed.
1 SO ORDERED.
DATE: August 2, 2022
Jia M. Cobb U.S. District Court Judge
2
Reference
- Status
- Published