UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6465
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
PERCELL A. DAVIS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Jerome B. Friedman, District
Judge. (CR-98-47)
Submitted: June 9, 2005 Decided: June 16, 2005
Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Percell A. Davis, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Percell A. Davis filed a notice of appeal seeking review
of his sentence under the Supreme Court’s recent decisions in
United States v. Booker, 125 S. Ct. 738 (2005), and Shepard v.
United States, 125 S. Ct. 1254 (2005). We construe Davis’s notice
of appeal and informal brief as a motion for authorization to file
a second or successive motion under 28 U.S.C. § 2255 (2000).
In order to obtain authorization to file a successive
§ 2255 motion, a prisoner must assert claims based on either: (1) a
new rule of constitutional law, previously unavailable, made
retroactive by the Supreme Court to cases on collateral review; or
(2) newly discovered evidence, not previously discoverable by due
diligence, that would be sufficient to establish by clear and
convincing evidence that, but for constitutional error, no
reasonable factfinder would have found the movant guilty of the
offense. 28 U.S.C. §§ 2244(b)(2), 2255 (2000). Davis’s claims do
not satisfy either of these criteria. Therefore, we deny
authorization to file a successive § 2255 motion and dismiss
Davis’s appeal. 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.
DISMISSED
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