United States of America v. Johnny Swanson, Iii

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7262
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JOHNNY SWANSON, III,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, District
Judge. (CR-95-432)
Submitted: December 22, 2005 Decided: January 3, 2006
Before WIDENER, NIEMEYER, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Johnny Swanson, III, Appellant Pro Se. John Frank Eisinger, OFFICE
OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Johnny Swanson, III, appeals the district court’s order
denying his motions challenging his conviction and sentence.
Because Swanson’s motions amounted to successive 28 U.S.C. § 2255
(2000) motions for which Swanson failed to obtain authorization
under 28 U.S.C. § 2244 (2000) from this court to file, the district
court was without jurisdiction to grant Swanson relief.
Accordingly, we affirm. Swanson’s Motion for Default is denied.
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.
AFFIRMED

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