United States v. Daren Gadsden
United States v. Daren Gadsden
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 18-7287
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DAREN KAREEM GADSDEN, a/k/a D,
Defendant - Appellant.
Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (1:11-cr-00302-CCB-3)
Submitted: January 17, 2019 Decided: January 23, 2019
Before WILKINSON and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Daren Kareem Gadsden, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Daren Kareem Gadsden appeals the district court’s order dismissing without
prejudice his
28 U.S.C. § 2255(2012) motion as successive and unauthorized, as well as
its order summarily denying his self-styled motions to correct sentencing errors and for
justice. On appeal, we confine our review to the issues raised in the Appellant’s brief.
See 4th Cir. R. 34(b). Because Gadsden’s informal brief does not challenge the district
court’s holding that his § 2255 motion was successive and unauthorized, Gadsden has
forfeited appellate review of the court’s order dismissing the motion. See Williams v.
Giant Food Inc.,
370 F.3d 423, 430 n.4 (4th Cir. 2004). We thus affirm the court’s order
dismissing Gadsden’s § 2255 motion. See United States v. Gadsden, No. 1:11-cr-00302-
CCB-3 (D. Md. Oct. 4, 2018).
As to the order denying Gadsden’s secondary motions, the record establishes that
these likewise were successive and unauthorized habeas motions, which the district court
should have dismissed for lack of jurisdiction. We may, however, affirm the court’s
order “on any grounds apparent from the record[,]” United States v. Riley,
856 F.3d 326, 328(4th Cir.) (internal quotation marks omitted), cert. denied,
138 S. Ct. 273(2017), and
this disposition is eminently supported by the record. Accordingly, we affirm the district
court’s secondary order, as well. See Gadsden, No. 1:11-cr-00302-CCB-3 (D. Md. filed
Oct. 4, 2018 & entered Oct. 5, 2018). We deny Gadsden’s motion for a transcript at
government expense. We dispense with oral argument because the facts and legal
2 contentions are adequately presented in the materials before this court and argument
would not aid the decisional process.
AFFIRMED
3
Reference
- Status
- Unpublished