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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA

v. CASE NO. 4:97-cr-9-RH-GRJ

ANTHONY WILLIAMS

_____________________________/

REPORT AND RECOMMENDATION

This matter is before the Court on Defendant’s motion to vacate, set aside or

correct a sentence by a person in federal custody pursuant to 28 U.S.C. § 2255. (Doc.

98.) The United States has filed a “Motion to Dismiss Successive 2255 Petition.” 

(Doc. 100.) Defendant has filed an “Emergency Motion to Correct Records and Clerical

Errors,” requesting that the Court correct his name in the case style and requesting the

Government to amend its response accordingly. (Doc. 101.) For the following reasons,

the undersigned recommends that the Government’s motion to dismiss be granted, and

that Defendant’s motion to correct be granted only to the extent that the case style is

updated. 

Defendant was sentenced in 1997 in this Court to 288 months imprisonment and

5 years of supervised release for possession of a firearm by a convicted felon. (Doc.

36.) Defendant previously filed a motion under § 2255, which was denied on November

1, 2000. (Docs. 67, 78.) Defendant then filed a second motion, styled “Motion for

Relief from Judgment Pursuant to Fed. R. Civ. P. 60(b)(4) and (6),” which the Court

construed as a petition under § 2255. (Doc. 92.) That petition was dismissed on May

14, 2007 as a successive motion filed without leave of the appellate court. (Doc. 96.) 
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The instant petition—Defendant’s third motion under § 2255—again attacks the

sentence imposed by this Court. Specifically, Defendant contends that the Court

improperly enhanced his sentence in violation of Shepard v. United States, 544 U.S. 13

(2005). (Doc. 98.) Defendant is barred from seeking § 2255 relief at this time on his

claims. He was previously denied § 2255 relief and may not file a successive petition

under § 2255 without prior certification from the Eleventh Circuit. 28 U.S.C. §§ 

2255(h), 2244(b)(3). Even then, a successive petition will not be allowed absent newly

discovered evidence or “a new rule of constitutional law, made retroactive to cases on

collateral review by the Supreme Court, that was previously unavailable.” § 2255(h). 

The record does not disclose that Defendant has sought or been granted leave by the

appellate court to file a successive motion to vacate and thus, review in this Court is

foreclosed.

Defendant asserts that his name is “Anthony Williams,” rather than “Anthony Lee

Williams,” and requests that the Court update the case style accordingly. (Doc. 101.) 

The sentencing transcript excerpt attached to Defendant’s § 2255 motion evidences

that he testified that his name is “Anthony Leiner Williams.” (Doc. 98, at 14.) The Court

may correct this clerical error, but does not find that Defendant has established good

cause for requiring the Government to resubmit its motion to dismiss.

Accordingly, it is respectfully RECOMMENDED:

1. The Government’s motion to dismiss, Doc. 100, should be GRANTED,

and Defendant’s petition for a writ of habeas corpus pursuant to 28 U.S.C.

§ 2255, Doc. 98, should be DISMISSED. 

Case No: 4:97-cr-9-RH-GRJ
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2. Defendant’s “Emergency Motion to Correct Records and Clerical Errors,”

Doc. 101, should be GRANTED to the extent that the case style shall

reflect the name “Anthony Williams” rather than “Anthony Lee Williams.”

IN CHAMBERS this 7 day of November 2012. 

th

s/Gary R. Jones 

GARY R. JONES

United States Magistrate Judge

 

NOTICE TO THE PARTIES

Pursuant to Fed. R. Civ. P. 72(b)(2), a party may file specific, written objections to the

proposed findings and recommendations within 14 days after being served with a copy of this report

and recommendation. A party may respond to another party’s objections within 14 days after being

served with a copy thereof. Failure to file specific objections limits the scope of review of proposed

factual findings and recommendations.

Case No: 4:97-cr-9-RH-GRJ