Kenneth Howard was sentenced to a prison term in July 2000; he did not appeal. In May 2005, he filed a motion to vacate his sentence, citing 28 U.S.C. § 2244. The district court 1 denied the motion, and Howard appeals.

We affirm because the relief sought is not available under section 2244. We do not construe the motion as one brought under 28 U.S.C. § 2255 in the absence of appropriate warnings to Howard about the effect of such a recharacterization. See Castro v. United States, 540 U.S. 375, 384, 124 S.Ct. 786, 157 L.Ed.2d 778 (2003). Thus, to the extent Howard may be able in the future to assert a section 2255 claim that is not time-barred, he need not request permission to file a second or successive motion. See 28 U.S.C. § 2255; Castro, 540 U.S. at 384, 124 S.Ct. 786. We also grant the motion that our opinion not be published.