United States v. Ubakanma, (4th Cir. 2003)
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UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 02-7469 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus
CHRISTIAN E. UBAKANMA, Defendant - Appellant. Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Peter J. Messitte, District Judge. (CR-
-108-PJM)
Submitted: January 17, 2003 Decided: February 14, 2003
Before NIEMEYER, TRAXLER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Christian E. Ubakanma, Appellant Pro Se. David Ira Salem, Assistant
United States Attorney, Greenbelt, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM
Christian E. Ubakanma appeals the district court’s order dismissing his 28 U.S.C. 2255 (2000) motion without prejudice because it was filed prior to the entry of the amended criminal judgment. Because the dismissal was without prejudice and Ubakanma could refile his § 2255 motion, his appeal is interlocutory and not subject to appellate review under Domino Sugar Corp. v. Sugar Workers Local 392 , 10 F.3d 1064, 1066-67 (4th Cir. 1993). Accordingly, 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. DISMISSED
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This document cites
- US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 2255 - Sec. 2255. Federal custody; remedies on motion attacking sentence
- U.S. Court of Appeals for the Fourth Circuit - Domino Sugar Corporation, Plaintiff-Appellant, v. Sugar Workers Local Union 392 of the United Food and Commercial Workers International Union, an Unincorporated Association, Defendant-Appellee., 10 F.3d 1064 (4th Cir. 1993)
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