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United States of America v. Luis Antonio Dutton-Myrie

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


March 14, 2012

UNITED STATES OF AMERICA,
v.
LUIS ANTONIO DUTTON-MYRIE, DEFENDANT.

The opinion of the court was delivered by: Judge Caputo

MEMORANDUM ORDER

On February 10, 2012, Defendant Luis Antonio Dutton-Myrie filed a Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody. (Doc. 145.) It appears, however, that the above-captioned action is currently on direct appeal to the United States Court of Appeals for the Third Circuit. (Doc. 137.) As district courts should only consider a § 2255 motion in "extraordinary circumstances" while a direct appeal is pending, see Kline v. United States, No. 04CR269, 2006 WL 680842 (M.D. Pa. Mar. 14, 2006); see also Kapral v. United States, 166 F.3d 565, 570 (3d Cir.1999) ("collateral attack [under § 2255] is generally inappropriate if the possibility of further direct review remains open: A district court should not entertain a habeas corpus petition while there is an appeal pending in [the court of appeals] or in the Supreme Court"), and Defendant has presented no such "extraordinary circumstances," Defendant's motion to vacate (Doc. 83) will be dismissed as premature.

An appropriate order follows.

A. Richard Caputo United States District Judge

20120314

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