United States v. Chin

District Court, District of Columbia

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