United States of America v. Straughn Thomas Taylor, a/k/a Pappy

02-6025Court of Appeals for the Fourth CircuitMar 29, 2002

Full text

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6025
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
STRAUGHN THOMAS TAYLOR, a/k/a Pappy,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. Malcolm J. Howard,
District Judge. (CR-96-25)
Submitted: March 21, 2002 Decided: March 29, 2002
Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Straughn Thomas Taylor, Appellant Pro Se. Fenita Morris Shepard,
OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Straughn Thomas Taylor appeals the district court’s order
denying his motion for review of his sentence for conspiracy. The
district court denied Taylor’s motion pursuant to 28 U.S.C.A.
§ 2255 (West Supp. 2001) in March 2001. Hence, the court properly
found that it lacked authority to review Taylor’s present motion
because it effectively sought habeas relief and Taylor has not
received authorization from this Court to file a successive § 2255
motion. See 28 U.S.C.A. § 2244 (West Supp. 2001). Accordingly, we
deny a certificate of appealability and dismiss this appeal. 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.
DISMISSED

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