United States v. Robinson
United States v. Robinson
Opinion of the Court
Carlos Demond Robinson seeks to appeal the district court’s order denying his 28 U.S.C.A. § 2255 (West Supp. 2010) motion, which Robinson filed as a Fed. R.Civ.P. 60(b) motion.
Additionally, we construe Robinson’s notice of appeal and informal brief as an application to file a second or successive § 2255 motion. See United States v. Winestock, 340 F.3d at 208. In order to obtain authorization to file a successive § 2255 motion, a prisoner must assert claims based on either: (1) “newly discovered evidence that ... would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty;” or (2) “a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.” 28 U.S.C.A. § 2255(h) (West Supp. 2010). Robinson’s claims do not satisfy
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.
Because the Rule 60(b) motion directly attacked Robinson’s convictions, the motion was an unauthorized and successive § 2255 motion over which the district court lacked jurisdiction. See United States v. Winestock, 340 F.3d 200, 206 (4th Cir. 2003).
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