United States v. Hernandez ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7041
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ALEJANDRO DEJESUS HERNANDEZ,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, Senior
District Judge. (1:91-cr-00139-CMH)
Submitted: August 23, 2007 Decided: August 30, 2007
Before WILLIAMS, Chief Judge, and WILKINS and HAMILTON, Senior
Circuit Judges.
Affirmed by unpublished per curiam opinion.
Alejandro DeJesus Hernandez, Appellant Pro Se. Bernard James
Apperson, III, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Alejandro DeJesus Hernandez appeals a district court
order denying us untimely his Rule 60(b) motion seeking
reconsideration of the 1997 denial of his 28 U.S.C. § 2255 motion.
We affirm because the district court was without jurisdiction to
consider the motion because Hernandez had not received
authorization from this court. See 28 U.S.C. § 2244 (2000). To
the extent Hernandez seeks authorization, we deny the request. We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
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