USCA4 Appeal: 25-6441 Doc: 7 Filed: 11/04/2025 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 25-6441

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ADIAN MARSELL BARTH, a/k/a Face,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. John A. Gibney, Jr., Senior District Judge. (2:19-cr-00164-JAG-RJK-1; 2:22- cv-00210-JAG)

Submitted: October 30, 2025 Decided: November 4, 2025

Before RUSHING and BENJAMIN, Circuit Judges, and KEENAN, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Adian Marsell Barth, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 25-6441 Doc: 7 Filed: 11/04/2025 Pg: 2 of 2

PER CURIAM:

Adian Marsell Barth appeals the district court’s order construing his Fed. R. Civ. P.

60(b) motion for relief from judgment as an unauthorized, successive

motion and dismissing it for lack of jurisdiction. ∗ Our review of the record confirms that

the district court properly construed Barth’s Rule 60(b) motion as a successive § 2255

motion over which it lacked jurisdiction because he failed to obtain prefiling authorization

from this court. See

(b)(3)(A), 2255(h); McRae, 793 F.3d at 397-400.

Accordingly, we affirm the district court’s order.

Consistent with our decision in United States v. Winestock,

(4th

Cir. 2003), we construe Barth’s notice of appeal and informal brief as an application to file

a second or successive § 2255 motion. Upon review, we conclude that Barth’s claims do

not meet the relevant standard. See

(h). We therefore deny authorization

to file a successive § 2255 motion.

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

∗ A certificate of appealability is not required to appeal the district court’s jurisdictional categorization of a Rule 60(b) motion as an unauthorized, successive § 2255 motion. United States v. McRae,

(4th Cir. 2015).

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