UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-7153
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
LLOYD GEORGE MAXWELL,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior
District Judge. (CR-93-262)
Submitted: February 22, 2000 Decided: April 3, 2000
Before WIDENER and LUTTIG, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Affirmed as modified by unpublished per curiam opinion.
Lloyd George Maxwell, Appellant Pro Se. Thomas More Hollenhorst,
Assistant United States Attorney, Alexandria, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Lloyd George Maxwell appeals the district court’s order deny-
ing his motion filed under 18 U.S.C. § 3582 (1994). Review of Max-
well’s petition reveals that it is more appropriately characterized
as a 28 U.S.C.A. § 2255 (West Supp. 1999) motion. Because Maxwell
has already filed at least one § 2255 motion, he may not file
another without first obtaining leave from this Court. Accord-
ingly, we affirm the district court’s denial of Maxwell’s motion on
this alternative ground, and modify the judgment to reflect that
the denial is without prejudice to Maxwell’s right to move this
court for leave to file a successive § 2255 motion under 28
U.S.C.A. § 2244 (West Supp. 1999). 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 deci-
sional process.
AFFIRMED AS MODIFIED
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