By Sally Voth -- firstname.lastname@example.org
HARRISONBURG -- A U.S. District Court judge has thrown out the latest appeal filed by an Edinburg methamphetamine dealer serving 20 years in prison.
Chief Judge Glen E. Conrad dismissed Mark James Konsavich's motion to vacate his sentence on Nov. 14, according to online court records.
Konsavich was sentenced in April 2006 to 19 1⁄2 years in prison for manufacturing meth and distributing 50 grams or more of the drug. He has since filed multiple appeals.
The biochemist was making meth in an outbuilding of a home where he was staying on Readus Road in Edinburg.
On at least one occasion, Konsavich tried to "cook" the drug inside the home while a 2-year-old child living there wasn't home, according to court documents.
Besides disposing of the process' toxic chemicals and washing equipment in the home's kitchen, Konsavich burned down the outbuilding.
The convict maintained he was assisting the Drug Enforcement Administration in an undercover investigation.
In a memorandum opinion, Conrad says he's dismissing Konsavich's motion to vacate because it's "successive."
It says Konsavich had already filed such a motion for the same conviction and sentence.
The memo says Konsavich claims the prosecution improperly used a statement he made after being read his rights and a post-arrest proffer he made, and that the court found inconsistencies regarding his involvement in a conspiracy.These were claims Konsavich should've brought up at trial or sentencing or on direct appeal, the memo says. Not having done so means he can't bring them up in his motion unless a show cause has been issue or a showing of his innocence, it says.
Konsavich filed an appeal of Conrad's order on Dec. 2, according to court records.