United States v. Muhammad

Court of Appeals for the Fourth Circuit·Decided March 6, 2002·No. 01-8031·Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 01-8031

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

KARRIEM WALI MUHAMMAD, a/k/a Charles William Cannon,

Defendant - Appellant.

No. 01-8048

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

KARRIEM WALI MUHAMMAD, a/k/a Charles William Cannon,

Defendant - Appellant.

Appeals from the United States District Court for the District of Maryland, at Baltimore. Marvin J. Garbis, District Judge. (CR-79- 134-M, CR-79-151-M, CA-01-3341-MJG) Submitted: February 21, 2002 Decided: March 6, 2002

Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Karriem Wali Muhammad, Appellant Pro Se. Thomas Michael DiBiagio, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

2 PER CURIAM:

In these consolidated appeals, Karriem W. Muhammad appeals the

district court’s orders denying his Fed. R. Civ. P. 60(b) motions,

which the court properly construed as motions filed under 28

U.S.C.A. § 2255 (West Supp. 2001). See United States v. Rich, 141

F.3d 550, 551-52 (5th Cir. 1998). Because this court has not

granted Muhammad authorization to file a successive § 2255 motion,

see 28 U.S.C.A. § 2244 (West 1994 & Supp. 2001), the district court

properly dismissed his Rule 60(b) motions as successive § 2255

motions. See Rich, 141 F.3d at 553. Accordingly, we deny a cer-

tificate of appealability and dismiss these appeals. We dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

DISMISSED

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Related

United States v. Rich
141 F.3d 550 (Fifth Circuit, 1998)