United States v. Oxendine

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 00-7027

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

HORACE OXENDINE,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Fayetteville. W. Earl Britt, Senior District Judge. (CR-89-16-BR)

Submitted: October 20, 2000 Decided: November 3, 2000

Before WILKINS, WILLIAMS, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Horance Oxendine, Appellant Pro Se. Rudolf A. Renfer, Jr., Assis- tant United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Horace Oxendine appeals a district court’s margin order deny-

ing his motion to correct illegal sentence. The record reflects

that Oxendine has previously filed several motions pursuant to 28

U.S.C.A. § 2255 (West Supp. 2000) and that he has not obtained au-

thorization from this Court to file a successive motion as required

by 28 U.S.C.A. § 2255 (West Supp. 2000). Because Oxendine cannot

circumvent this requirement by filing what is best construed as a

habeas petition under another name, we affirm the district court’s

order denying the motion.

AFFIRMED