United States v. Brewer

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-6940 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DENNIS ALLEN BREWER, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T.S. Ellis, District Judge. (CR-91-342) Submitted: July 26, 2001 Decided: August 2, 2001 Before WILLIAMS and MICHAEL, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Dennis Allen Brewer, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Dennis Allen Brewer seeks to appeal the district court’s orders denying his motion filed under 28 U.S.C.A. § 2255 (West Supp. 2000) and his subsequent motion for a certificate of appealability. Although Brewer’s § 2255 motion was successive, the district court denied relief on the merits. Because Brewer did not obtain authorization from this court to file his successive motion in the district court, we deny a certificate of appealability and dismiss the appeal because the district court lacked authority to consider it. See 28 U.S.C.A. §§ 2244(b)(3), 2255 (West Supp. 2000). We dispense with oral argument because the facts and legal conten- tions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2