United States v. Blagrove

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6150 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ANTHONY A. BLAGROVE, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert G. Doumar, Senior District Judge. (2:95-cr-00052-RGD) Submitted: April 4, 2007 Decided: April 23, 2007 Before WILLIAMS, TRAXLER, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Anthony A. Blagrove, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Anthony Blagrove appeals the district court’s order denying his petition for writ of error coram nobis. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See United States v. Blagrove, No. 2:95-cr-00052-RGD (E.D. Va. filed Dec. 26, 2006; entered Dec. 27, 2006). Additionally, we construe Blagrove’s notice of appeal and informal brief as an application to file a second or successive motion under 28 U.S.C. § 2255. See United States v. Winestock, 340 F.3d 200, 208 (4th Cir. 2003). 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). Blagrove’s claims do not satisfy either of these criteria. Therefore, we deny authorization to file a successive § 2255 motion. - 2 - 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. AFFIRMED - 3 -