US v. Asmar Newsome, No. 21-7661 (4th Cir. 2022)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 21-7661 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ASMAR NAFIS NEWSOME, a/k/a Shorty, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Robert G. Doumar, Senior District Judge. (4:10-cr-00053-RGD-FBS-1) Submitted: June 23, 2022 Decided: June 27, 2022 Before WYNN and QUATTLEBAUM, Circuit Judges, and FLOYD, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Asmar Nafis Newsome, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Asmar Nafis Newsome appeals the district court’s order construing his Motion for Plain Error Review as an unauthorized, successive 28 U.S.C. § 2255 motion and dismissing it on that basis. Our review of the record confirms that the district court properly construed Newsome’s motion as a successive § 2255 motion over which it lacked jurisdiction because he failed to obtain prefiling authorization from this court. See 28 U.S.C. §§ 2244(b)(3)(A), 2255(h). Accordingly, we deny the Motion for Plain Error Review Newsome filed in this court and affirm the district court’s order. 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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