United States v. Wilson

315 F. App'x 459

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8422

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DAVID ALLEN WILSON,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (7:08-cv-00520-jct-mfu; 1:95-cr-00006-gmw-1)

Submitted: February 26, 2009 Decided: March 9, 2009

Before WILKINSON, MOTZ, and GREGORY, Circuit Judges.

Affirmed in part; dismissed in part by unpublished per curiam opinion.

David Allen Wilson, Appellant Pro Se. Rick A. Mountcastle, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

David Allen Wilson appeals from a district court order

denying his motion for a writ of audita querela, and to the

extent Wilson was seeking relief under 28 U.S.C.A. § 2255 (West

Supp. 2008), finding the court was without jurisdiction because

it was a second or successive motion and Wilson did not have

authorization from this court. We affirm in part and dismiss in

part.

We have reviewed the district court’s order and the

record and affirm that part of the order denying relief under

the writ of audita querela on the reasoning of the district

court. See United States v. Wilson, Nos. 1:95-cr-00006-gmw-1;

7:08-cv-00520-jct-mfu (W.D. Va. Oct. 30, 2008). Insofar as the

motion was construed as having been filed under § 2255, we deny

a certificate of appealability and dismiss the appeal. 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.

AFFIRMED IN PART; DISMISSED IN PART