US v. Christopher Kelly, No. 21-7607 (4th Cir. 2022)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 21-7607 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHRISTOPHER KELLY, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, Senior District Judge. (1:06-cr-00222-CCB-2; 1:16-cv-01863-CCB) Submitted: May 16, 2022 Decided: July 7, 2022 Before AGEE and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Christopher Kelly, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Christopher Kelly appeals from the district court’s November 2019 order denying relief on his authorized, successive 28 U.S.C. § 2255 motion. We dismiss the appeal for lack of jurisdiction. Kelly filed his notice of appeal well beyond the 60-day appeal period, Fed. R. App. P. 4(a)(1)(B), and the appeal itself is duplicative of a prior appeal from the same order, see United States v. Kelly, 806 F. App’x 224 (4th Cir. 2020) (No. 20-6011) (denying certificate of appealability and dismissing appeal). Therefore, we dismiss the appeal as untimely and duplicative. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 2

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