US v. Swanson, No. 05-7262 (4th Cir. 2006)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-7262 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JOHNNY SWANSON, III, Defendant -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 Affirmed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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). 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 argument dispense with oral because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED - 2 -

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