US v. Andra Green, No. 19-7880 (4th Cir. 2020)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7880 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANDRA G. GREEN, a/k/a Giz, a/k/a Gizzle, a/k/a A. Gizzle, a/k/a Andra Gabrael Green, a/k/a Andra Gabriel Green, Jr., a/k/a A.J., Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Rebecca Beach Smith, Senior District Judge. (4:09-cr-00081-RBS-FBS7) Submitted: May 15, 2020 Decided: May 26, 2020 Before GREGORY, Chief Judge, and WILKINSON and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Andra G. Green, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Andra G. Green appeals the district court’s order construing his postjudgment motion as a 28 U.S.C. § 2255 (2018) motion and dismissing the motion for lack of jurisdiction because Green’s appeal from the denial of his first § 2255 motion remains pending. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Green, No. 4:09-cr00081-RBS-FBS-7 (E.D. Va. Nov. 5, 2019). 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. AFFIRMED 2

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