In re: Black

Black was convicted of conspiracy to possess and possession with intent to distribute cocaine and marijuana, 21 U.S.C. 841(a)(1) and 846, and escape or attempted escape from custody, 18 U.S.C. 751(a). He was sentenced to an effective term of life in prison. The Sixth Circuit affirmed. Black unsuccessfully sought relief under 28 U.S.C. 2255. Black then moved for relief under FRCP 60(b). The district court determined that his grounds for relief were second or successive claims under section 2255 and transferred them to the Sixth Circuit, which denied relief. The transferred grounds raise successive claims. Black’s arguments that the district court “applied the wrong standard” to his arguments about counsel’s conflicts of interest and ineffective assistance are "prototypical attacks" on the court's previous resolution. His claim that the Assistant U.S. Attorney “perpetrated fraud on the Court” does not question “the integrity of the federal habeas proceedings.” Black did not argue that the allegedly fraudulent conduct at trial s tainted the assessment of his habeas petition. Because Black presented these claims in a prior application, they “shall be dismissed,” 28 U.S.C. 2244(b)(1). Black did not cite “a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court” or “newly discovered evidence” that would establish that “no reasonable factfinder would have found [him] guilty.” View "In re: Black" on Justia Law