United States v. Toolasprashad

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-6639
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LATCHMIE NARAYAN TOOLASPRASHAD,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle,
District Judge. (3:85-cr-00045-BO-1)
Submitted: August 19, 2010 Decided: August 30, 2010
Before MOTZ, GREGORY, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Latchmie Narayan Toolasprashad, Appellant Pro Se. Joshua Bryan
Royster, UNITED STATES DEPARTMENT OF JUSTICE, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Latchmie Narayan Toolasprashad appeals a district
court order construing his filing as a successive 28 U.S.C.A.
§ 2255 (West Supp. 2010) motion and denying relief. We have
reviewed the record and the district court’s order and conclude
the court correctly held it could not consider a second or
successive § 2255 motion. We have considered Toolasprashad’s
claim that the court erred by not considering that he was
seeking relief under Fed. R. Crim. P. 33 and conclude
Toolasprashad is not entitled to relief under Rule 33.
Accordingly, we affirm the district court’s order. We
deny Toolasprashad’s motion for appointment of counsel and we
grant his motion to seal exhibits. 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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