United States v. Johnson

¶1 David Antoine Johnson, federal prisoner #27125-177, appeals the district court’s dismissal of his motion to reduce his sentence, purportedly filed pursuant to 18 U.S.C. § 3553(a)(6), (b)(l)-(2). The cited subsections do not authorize such a motion. Because Johnson’s motion also did not fall under any of the provisions of 18 U.S.C. § 3582(c), the motion was unauthorized and without jurisdictional basis. See United States v. Early, 27 F.3d 140, 141-42 (5th Cir.1994). Moreover, it cannot be construed as a 28 U.S.C. § 2255 motion to vacate because Johnson has already filed at least one § 2255 motion and the current motion is subject to the jurisdictional bar of the successive-motion provision, 28 U.S.C. § 2244(b)(3)(A). See United States v. Key, 205 F.3d 773, 774 (5th Cir.2000). AFFIRMED; MOTION FOR APPOINTMENT OF COUNSEL DENIED.