Andrew Moore, Jr. v. B. Birkholz

BACKGROUND

In 2002, Petitioner Andrew Moore, Jr. was convicted in the United States District Court for the Northern District of Georgia of conspiracy to violate the Racketeer Influenced and Corrupt Organizations (RICO) Act and other offenses. He was sentenced to forty years. The Eleventh Circuit affirmed his conviction on direct appeal. See United States v. Pipkins, 378 F.3d 1281, 1285 (11th Cir. 2004), cert granted, judgment vacated, 544 U.S. 902 (2005), and opinion reinstated, 412 F.3d 1251 (11th Cir. 2005). In 2010, the Northern District of Georgia denied Petitioner’s Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. § 2255. The Eleventh Circuit denied his request for a certificate of appealability. In 2016, and again in 2019, the Eleventh Circuit denied Petitioner’s Application for Leave to File a Second or Successive Motion to Vacate, Set Aside, or Correct Sentence. In December 2022, Petitioner filed the instant Petition for Writ of Habeas Corpus by a Person in Federal Custody under 28 U.S.C. § 2241. See Dkt. 1.! Liberally construed, Petitioner contends that the sentencing court miscalculated his offense level. See id. at 1-2. Il. DISCUSSION Rule 4 of the…