United States v. Boone ( 2001 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-7608
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
LEROY BOONE,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Norfolk. Raymond A. Jackson, District Judge.
(CR-90-149)
Submitted: January 11, 2001 Decided: January 19, 2001
Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Leroy Boone, Appellant Pro Se. John Paul Corcoran, Jr., OFFICE OF
THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Leroy Boone appeals the district court’s order denying his
“Rule 201 Judicial Notice of Adjudicative Facts,” in which he
alleged that the district court did not have jurisdiction to sen-
tence him. The district court construed Boone’s pleading as a
motion under 28 U.S.C.A. § 2255 (West Supp. 2000), and denied it as
time-barred. Because Boone’s § 2255 motion was a successive motion
and Boone did not obtain authorization from this court to file it
in the district court, see § 2255; 28 U.S.C.A. § 2244(b)(3)(A)
(West Supp. 2000), the district court did not have jurisdiction to
consider it. United States v. Key, 205 F.3d 773, 774 (5th Cir.
2000). Accordingly, we deny a certificate of appealability and
dismiss the appeal. We dispense with oral argument because the
facts and legal contentions are adequately presented in the mate-
rials before the court and argument would not aid the decisional
process.
DISMISSED
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