United States v. Angelo Galloway

U.S. Court of Appeals for the Fourth Circuit

United States v. Angelo Galloway

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-8018

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ANGELO GALLOWAY, a/k/a Gelo,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Mark S. Davis, District Judge. (2:10-cr-00096-MSD-TEM-2)

Submitted: February 23, 2016 Decided: February 26, 2016

Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Angelo Galloway, Appellant Pro Se. Benjamin L. Hatch, Assistant United States Attorney, Joseph Kosky, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee,

Unpublished opinions are not binding precedent in this circuit.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

Angelo Galloway appeals the district court’s order denying

his motion to withdraw his guilty plea. We have reviewed the

record and find no reversible error. At this juncture, Galloway

can no longer seek relief from his guilty plea pursuant to Fed.

R. Crim. P. 11. See Fed. R. Crim. P. 11(e). Insofar as his

motion could be construed as a successive

28 U.S.C. § 2255

(2012) motion, the district court lacked jurisdiction to

consider it. See United States v. McRae,

793 F.3d 392, 397

(4th

Cir. 2015). Accordingly, we affirm the district court’s order.

We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before

this court and argument would not aid the decisional process.

AFFIRMED

2

Reference

Status
Unpublished