Salameh v. United States ( 2022 )

| USDC SDNY : DOCUMENT UNITED STATES DISTRICT COURT | ELECTRONICALLY Fit. SOUTHERN DISTRICT OF NEW YORK | DOC #: os wr rr ee eee x . 2022 MOHAMMAD SALAMEH, DATE FILED Hp 22] 202 □ Movant, 22-cv-3267 (LAK) -against- (93-cr-0180 (LAK)) UNITED STATES OF AMERICA, Respondent. tte et te ee rr ne eee eee ee eK ORDER (Corrected) LEwIs A. KAPLAN, District Judge. Movant and others were convicted in the same criminal case of multiple felony counts in connection with the first World Trade Center bombing, including two counts which charged Section 924(c) violations. In 2016, movant filed a Section 2255 motion challenging his conviction on those counts on the basis of Johnson v. United States, 135 S. Ct. 2551 (2015), and Welch v, United States, 136 S. Ct, 1257 (2016). Dkt. 863.' As recounted in a subsequent memorandum and order, movant and others expanded their collateral attack to embrace their convictions on Count Eight. Dkt. 959.A fter extensive proceedings, the expanded 2255 motion was granted as to Count 10 but denied in all other respects. Dkt 959. Those rulings all were on the merits. A certificate of appealability was denied by this Court but movant nevertheless filed a notice of appeal. Dkt. 977. In due course, the Court of Appeals also denied a certificate of appealability and dismissed the appeal for lack of “‘a substantial showing of the denial of a constitutional right.” Dkt 1009, In these circumstances, movant’s present Section 2255 motion is a second or successive application. It may not be entertained by this Court absent authorization by the Court of Appeals. 28 ULS.C. §§ 2255(h), 2244(b). That is true even though this motion raises new claims. Corrao v. United States, 152 F.3d 188, 191 (2d Cir. 1998). Accordingly, the Clerk shall transfer this motion to the Court of Appeals pursuant to Liriano v. United States, 95 F.3d 119, 123 (2d Cir, 1996). SO ORDERED. Dated: April 22, 2022 Corrected: April 22, 2022 /s/ Lewis A. Kaplan Lewis A. Kaplan United States District Judge All “Dkt” references are to the docket in 93-cr-0180).