United States v. Porter

• Court: Court of Appeals for the Fourth Circuit
• Decided: January 25, 2006
• Docket: 05-7268
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-7268

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

WAYNE PORTER,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Richard L. Voorhees, Chief District Judge. (CR-85-62; CA-05-306)

Submitted: January 19, 2006 Decided: January 25, 2006

Before WILKINSON, TRAXLER, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Wayne Porter, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Wayne Porter, who was convicted in 1985 of conducting a

continuing criminal enterprise, appeals the denial of his motion

under former Fed. R. Crim. P. 35(a). Porter asserts that his

conviction violated the Double Jeopardy Clause. However, Rule

35(a) is limited to claims that a sentence itself is illegal and

may not be used to further a claim that the conviction underlying

a sentence is invalid. United States v. Little, 392 F.3d 671, 678

(4th Cir. 2004) (rejecting attempt to challenge conviction on

double jeopardy grounds under former Rule 35(a)). In addition,

Porter’s double jeopardy claim was rejected in his initial 28

U.S.C. § 2255 (2000) motion. Accordingly, we affirm the order of

the district court. We dispense with oral argument, because the

fact and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

AFFIRMED

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