United States of America v. David Allen Wilson

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8422
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DAVID ALLEN WILSON,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, Senior
District Judge. (7:08-cv-00520-jct-mfu; 1:95-cr-00006-gmw-1)
Submitted: February 26, 2009 Decided: March 9, 2009
Before WILKINSON, MOTZ, and GREGORY, Circuit Judges.
Affirmed in part; dismissed in part by unpublished per curiam
opinion.
David Allen Wilson, Appellant Pro Se. Rick A. Mountcastle,
OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
David Allen Wilson appeals from a district court order
denying his motion for a writ of audita querela, and to the
extent Wilson was seeking relief under 28 U.S.C.A. § 2255 (West
Supp. 2008), finding the court was without jurisdiction because
it was a second or successive motion and Wilson did not have
authorization from this court. We affirm in part and dismiss in
part.
We have reviewed the district court’s order and the
record and affirm that part of the order denying relief under
the writ of audita querela on the reasoning of the district
court. See United States v. Wilson, Nos. 1:95-cr-00006-gmw-1;
7:08-cv-00520-jct-mfu (W.D. Va. Oct. 30, 2008). Insofar as the
motion was construed as having been filed under § 2255, we deny
a certificate of appealability and dismiss the 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.
AFFIRMED IN PART;
DISMISSED IN PART

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