Opinion
22-7209
01-20-2023
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ROBERT LEE WINFIELD, JR., a/k/a Tubbs, Defendant-Appellant.
Robert Lee Winfield, Jr., Appellant Pro Se.
UNPUBLISHED
Submitted: January 17, 2023
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert E. Payne, Senior District Judge. (2:95-cr-00193-REP-1; 2:07-cv-00529-REP)
Robert Lee Winfield, Jr., Appellant Pro Se.
Before KING and THACKER, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM
Robert Lee Winfield, Jr., appeals the district court's order construing his Fed.R.Civ.P. 60(b) motion for relief from judgment as an unauthorized, successive 28 U.S.C. § 2255 motion and dismissing it for lack of jurisdiction.[*] Our review of the record confirms that the district court properly construed Winfield's Rule 60(b) 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); McRae, 793 F.3d at 397-400. Accordingly, we affirm the district court's order.
Consistent with our decision in United States v. Winestock, 340 F.3d 200, 208 (4th Cir. 2003), we construe Winfield's notice of appeal and informal brief as an application to file a second or successive § 2255 motion. Upon review, we conclude that Winfield's claims do not meet the relevant standard. See 28 U.S.C. § 2255(h). We therefore deny authorization to file a successive § 2255 motion.
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
[*] A certificate of appealability is not required to appeal the district court's jurisdictional categorization of a Rule 60(b) motion as an unauthorized, successive § 2255 motion. United States v. McRae, 793 F.3d 392, 400 (4th Cir. 2015).