Opinions of the United
2009 Decisions States Court of Appeals
for the Third Circuit
3-19-2009
USA v. Leo Lloyd
Precedential or Non-Precedential: Non-Precedential
Docket No. 08-3489
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Recommended Citation
"USA v. Leo Lloyd" (2009). 2009 Decisions. Paper 1720.
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HLD-46 (February 2009) NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 08-3489
___________
UNITED STATES OF AMERICA
v.
LEO LLOYD,
Appellant
____________________________________
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. Criminal No. 07-cr-195)
District Judge: Honorable Louis H. Pollak
____________________________________
Submitted for a Certificate of Appealability or Possible Summary Action
Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
February 27, 2009
Before: SCIRICA, Chief Judge WEIS and GARTH, Circuit Judges
(Opinion filed March 19, 2009)
_________
OPINION
_________
PER CURIAM.
In September 2007, the appellant, Leo Lloyd, pleaded guilty to one count of
possession of a firearm by a convicted felon. See 18 U.S.C. § 922(g)(1), (b)(1)(B). The
1
District Court sentenced Lloyd to a term of 110 months’ imprisonment followed by three
years of supervised release.
Soon thereafter, Lloyd, proceeding pro se, filed a motion identified as a
“motion pursuant to Federal Rule of Criminal Procedure 32(e)(2).” (Dist. Ct. Dkt. # 32.)
In his motion, Lloyd challenged the constitutionality of his detention on various grounds,
including that he had received ineffective assistance of counsel. The District Court
determined that the motion should have been filed as a motion pursuant to 28 U.S.C. §
2255, and, pursuant to United States v. Miller, 197 F.3d 644 (3d Cir. 1999), directed
Lloyd to inform the court whether “he consent[ed] to reclassification of his . . . motion as
a petition pursuant to 28 U.S.C. § 2255, or whether he wishe[d] to resubmit his petition,
including the same or additional claims, on the standard § 2255 form.” (Dist. Ct. Order,
May 5, 2008, Dkt. # 33.) In response, Lloyd submitted a § 2255 motion on the standard
form. (Dist. Ct. Dkt. # 35.) Because he chose to resubmit his petition, the District Court
then entered an order dismissing as moot Lloyd’s previously filed “motion pursuant to
Federal Rule of Criminal Procedure 32(e)(2).” (Dist. Ct. Dkt. # 37.) Lloyd now appeals
from that order.1
In his notice of appeal, Lloyd states that he seeks review of the District
Court’s order “denying the relief requested (Sentence Modification) pursuant to 28 U.S.C.
§ 2255.” (Dist. Ct. Dkt. # 38.) Thus, it appears that Lloyd believes that he has been
1
We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291.
2
denied habeas relief. As noted above, however, the order from which Lloyd appeals
simply dismissed his initial filing as moot in light of the properly filed § 2255 motion that
followed; Lloyd’s § 2255 is still pending in the District Court. As such, we see no error
in the District Court’s order.
Because this appeal does not present a substantial question, we will
summarily affirm the District Court’s order. 2 See Third Cir. LAR 27.4 and I.O.P. 10.6.
2
A certificate of appealability is not necessary for the purpose of this appeal. See 28
U.S.C. § 2253(a). 3