US v. Barson, (4th Cir. 1997)

Text

---

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-7859

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

MICHAEL C. BARSON, a/k/a Dusty R hodes, a/k/a Skip Town, a/k/a Michael Charles, a/k/a Bill

Daley, Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis-

trict of Virginia, at Alexandria. T. S. Ellis, III, District

Judge. (CR-94-327)

Submitted: April 17, 1997 Decided: April 30, 1997

Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Michael C. Barson, Appellant Pro Se. Randy I. Bellows, OFFICE OF

THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

* We note that Barson's notice of appeal evinces a desire to appeal from the denial of his prior § 2255 motion as well. His notice, however, falls far outside the appeal period specified by

Fed. R. App. P. 4(a)(1). His attempt to appeal from that order is

dismissed for lack of jurisdiction. 2 PER CURIAM:

Michael C. Barson appeals from the district court's order

denying, as successive, his motion brought under 28 U.S.C.A. § 2255

(West 1994 & Supp. 1997). We have reviewed the record and the dis-

trict court's opinion and find no reversible error in its deter-

mination that Barson's instant motion is successive and properly

denied for failure to obtain leave from this Court to file a successive motion. 28 U.S.C.A. § 2244 (West 1994 & Supp. 1997). Accordingly, we deny a certificate of appealability and dismiss the

appeal on the reasoning of the district court. United States v. Barson

, No. CR-94-327 (E.D. Va. June 24 & Oct. 25, 1996). * 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

---