USA v. Weaver et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
UNITED STATES OF AMERICA 	CRIMINAL ACTION
VERSUS 	No. 19-244
DEVIN WEAVER 	SECTION I
ORDER
Before the Court is a petition1 to vacate, set aside, or correct a sentence filed
by defendant Devin Weaver (“Weaver”) pursuant to 28 U.S.C. § 2255. He raises the
following 	grounds 	for 	relief: 	(1) newly 	discovered 	evidence 	and 	(2) ineffective
assistance of counsel.2
A review of federal court records reflects that this is not Weaver’s first § 2255
petition challenging his sentence. He filed his first § 2255 petition3 in this Court on
May 13, 2025, in which he asserted the following grounds for relief: (1) ineffective
assistance of counsel for failure to object during closing arguments, (2) ineffective
assistance of counsel for failure to conduct a pretrial investigation, (3) ineffective
assistance of counsel for failure to object to the presentence report and to cite to the
trial transcript in his motion for judgment of acquittal, (4) prosecutorial misconduct
for failure to disclose beneficial evidence, (5) ineffective assistance of counsel for
1 R. Doc. No. 296.
2 R. Doc. No. 296-1, at 6–7.
3 R. Doc. No. 225.
Case 2:19-cr-00244-LMA-JVM Document 301 Filed 09/24/26 Page 1 of 5

2
failure to discuss a plea officer, and (6) ineffective assistance of appellate counsel.4
The Court denied the petition on the merits5 and dismissed it with prejudice.6
Weaver then filed a 28 U.S.C. § 2241 habeas petition7 in the United States
District Court for the Western District of Virginia on September 4, 2025. He claimed
that his case should be dismissed pursuant to Exec. Order No. 14206, 90 C.F.R. 9503
(2025), and an unspecified Supreme Court ruling.8 The court dismissed his petition.9
Weaver also filed a motion10 for authorization to file a successive § 2255
petition in the United States Court of Appeals for the Fifth Circuit on September 5,
2025. He argued that his conviction (1) violated his due process and equal protection
rights and (2) was unconstitutional pursuant to N.Y. State Rifle & Pistol Ass’n, Inc.
v. Bruen, 597 U.S. 1 (2022).11 The Fifth Circuit denied the motion.12
Weaver also filed a motion13 to dismiss his case in this Court on September 10,
2025, arguing that Exec. Order No. 14206, 90 C.F.R. 9503 (2025), an unspecified
Supreme 	Court 	case, 	and 	Amendment 	821 	to 	the 	United 	States 	Sentencing
Guidelines required that his conviction be vacated.14 This Court construed his motion
4 Id. at 14–23.
5 R. Doc. No. 236, at 23.
6 R. Doc. No. 237.
7 Weaver v. Gillery, No. 25-622, R. Doc. No. 1 (W.D. Va.).
8 Id. at 1.
9 Weaver v. Gillery, No. 25-622, R. Doc. No. 2, at 4 (W.D. Va. May 11, 2026).
10 In re Weaver, No. 25-30499, R. Doc. No. 2-1 (5th Cir.).
11 Id. at 2–3, 9.
12 In re Weaver, No. 25-30499, R. Doc. No. 18-1, at 2 (5th Cir. Nov. 5, 2025).
13 R. Doc. No. 243.
14 Id. at 1–2.
Case 2:19-cr-00244-LMA-JVM Document 301 Filed 09/24/26 Page 2 of 5

3
as a successive § 2255 petition and transferred it to the Fifth Circuit.15 The Clerk of
the Fifth Circuit dismissed his motion for authorization for failure to comply with the
court’s deadlines.16
Weaver then filed another motion17 in this Court on December 19, 2025, this
time requesting relief pursuant to Rule 60(b)(6) of the Federal Rules of Civil
Procedure. He argued that his sentence should be vacated “to accomplish justice.”18
The Court again construed the motion as a successive § 2255 petition and transferred
it to the Fifth Circuit.19 The Clerk of the Fifth Circuit dismissed his motion for
authorization for failure to comply with the court’s deadlines.20 He then filed a second
motion21 for authorization under the same case number, which the Fifth Circuit also
dismissed.22 In its order, the Fifth Circuit cautioned Weaver “that the future filing of
repetitive or frivolous motions may result in sanctions, including dismissal, monetary
sanctions, and restrictions on his ability to file pleadings in this court and any court
subject to this court’s jurisdiction.”23 Weaver then filed a § 2255 petition24 under the
same case number in the Fifth Circuit on September 14, 2026, in which he made the
same legal arguments that he raises in the § 2255 petition presently before this
15 R. Doc. No. 247, at 1, 7.
16 R. Doc. No. 257; In re Weaver, No. 25-30588, R. Doc. No. 6-2 (5th Cir. Dec. 15, 2025).
17 R. Doc. No. 262.
18 Id. at 5.
19 R. Doc. No. 271, at 1, 8.
20 R. Doc. No. 278; In re Weaver, No. 26-30050, R. Doc. No. 6-2 (5th Cir. Mar. 30, 2026).
21 In re Weaver, No. 26-30050, R. Doc. No. 10 (5th Cir.).
22 In re Weaver, No. 26-30050, R. Doc. No. 25-2, at 2 (5th Cir. May 21, 2026).
23 Id.
24 In re Weaver, No. 26-30050, R. Doc. No. 28-1 (5th Cir.).
Case 2:19-cr-00244-LMA-JVM Document 301 Filed 09/24/26 Page 3 of 5

4
Court.25 The Clerk of the Fifth Circuit took no action on the petition because the case
he filed it under had already been dismissed.26
The instant motion is a prohibited second or successive petition pursuant to 28
U.S.C. §§ 2244, 2255. Before Weaver’s petition can be addressed by this Court, he
must obtain authorization to file a second or successive petition from the Fifth
Circuit. To do so, he must make a prima facie showing that there is either:
(1) newly discovered evidence that, if proven and viewed in light of the
evidence as a whole, would be sufficient to establish by clear and
convincing evidence that no reasonable factfinder would have found the
movant guilty of the offense; or
(2) a new rule of constitutional law, made retroactive to cases on
collateral 	review 	by 	the 	Supreme 	Court, 	that 	was 	previously
unavailable.
28 U.S.C. § 2255(h). A search of the docket records of the Fifth Circuit does not reflect
that Weaver has obtained the required authorization. Until such time as Weaver has
done so, this Court is without jurisdiction to proceed. Accordingly,
IT IS ORDERED that Weaver’s § 2255 petition be construed in part as a
motion for authorization for the Court to consider the second or successive claims
raised therein.
IT IS FURTHER ORDERED that the motion is TRANSFERRED to the
Fifth Circuit pursuant to 28 U.S.C. § 1631 for that court to determine whether
Weaver is authorized pursuant to 28 U.S.C. §§ 2244(b), 2255(h) to file the instant
25 Id. at 3.
26 In re Weaver, No. 26-30050, R. Doc. No. 28-2 (5th Cir.).
Case 2:19-cr-00244-LMA-JVM Document 301 Filed 09/24/26 Page 4 of 5

5
petition in this Court. Weaver is placed on notice that any future filings in this Court
of a repetitive or frivolous nature related to his conviction will be sanctioned.
New Orleans, Louisiana, September 24, 2026.
_______________________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE
Case 2:19-cr-00244-LMA-JVM Document 301 Filed 09/24/26 Page 5 of 5