US v. Maxwell, No. 05-7860 (4th Cir. 2006)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-7860 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus LLOYD GEORGE MAXWELL, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (CR-93-262) Submitted: January 26, 2006 Decided: February 3, 2006 Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Lloyd George Maxwell, Appellant Pro Se. Thomas More Hollenhorst, Assistant United States Attorney, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Lloyd George Maxwell appeals the district court s order denying his motion under 18 U.S.C. § 1623 (2000) challenging his conviction and sentence. Because Maxwell s motion amounted to a successive 28 U.S.C. § 2255 (2000) motion for which Maxwell failed to obtain authorization under 28 U.S.C. § 2244 (2000) to file, the district court was without jurisdiction to grant Maxwell relief. Accordingly, we affirm. We dispense with oral argument because the facts and materials legal before contentions are adequately the and argument court presented would not in the aid the decisional process. AFFIRMED - 2 -

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