United States v. Reginald Rice

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-6735
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
REGINALD EARL RICE,
Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at
Spartanburg. Henry M. Herlong, Jr., Senior District Judge. (7:07-cr-01475-HMH-1; 7:20-
cv-01297-HMH)
Submitted: August 20, 2020 Decided: August 25, 2020
Before GREGORY, Chief Judge, WYNN, and QUATTLEBAUM, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Reginald Earl Rice, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Reginald Earl Rice appeals the district court’s order construing his Fed. R. Civ. P.
60(d)(3) motion to vacate his sentence as an unauthorized, successive 28 U.S.C. § 2255motion and dismissing it for lack of jurisdiction. ∗ On appeal, we confine our review to the
issues raised in the informal brief. See 4th Cir. R. 34(b). Because Rice’s informal brief
does not challenge the basis for the district court’s disposition, he has forfeited appellate
review of the court’s order. See Jackson v. Lightsey, 775 F.3d 170, 177 (4th Cir. 2014)
(“The informal brief is an important document; under Fourth Circuit rules, our review is
limited to issues preserved in that brief.”). Accordingly, we affirm the district court’s
judgment. 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 motion as an unauthorized, successive § 2255
motion. See United States v. McRae, 793 F.3d 392, 400 (4th Cir. 2015).
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