United States v. Antwan Jackson

USCA4 Appeal: 24-6905 Doc: 8 Filed: 03/04/2025 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 24-6905 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTWAN LAMAR JACKSON, a/k/a Twan, a/k/a Mey-Mey, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Charlottesville. Norman K. Moon, Senior District Judge. (3:10-cr-00033-NKM-1; 3:16- cv-81113-NKM-RSB) Submitted: February 27, 2025 Decided: March 4, 2025 Before KING and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Antwan Lamar Jackson, Appellant Pro Se. Jennifer R. Bockhorst, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Abingdon, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-6905 Doc: 8 Filed: 03/04/2025 Pg: 2 of 2 PER CURIAM: Antwan Lamar Jackson 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 on that basis. * Our review of the record confirms that the district court properly construed Jackson’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 Jackson’s notice of appeal and informal brief as an application to file a second or successive § 2255 motion. Upon review, we conclude that Jackson’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). 2