UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7339
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSEPH MONROE,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Charlottesville. Norman K. Moon, District
Judge. (3:94-cr-00041-nkm-4)
Submitted: August 19, 2008 Decided: September 8, 2008
Before MOTZ and TRAXLER, Circuit Judges, and WILKINS, Senior
Circuit Judge.
Vacated and remanded with instructions by unpublished per curiam
opinion.
Joseph Monroe, Appellant Pro Se. Julie C. Dudley, Assistant United
States Attorney, Roanoke, Virginia; Jean Barrett Hudson, Assistant
United States Attorney, Charlottesville, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Joseph Monroe appeals the district court’s order denying
his motion to reconsider the 360-month sentence imposed after a
jury convicted him in 1995 of drug-related offenses. Because the
motion to reconsider attacked the validity of his sentence rather
than any alleged defect in the collateral review process, the
motion amounted to a successive motion under 28 U.S.C. § 2255
(2000), that the district court lacked jurisdiction to consider.*
See United States v. Winestock, 340 F.3d 200, 207 (4th Cir. 2003);
see also Gonzalez v. Crosby, 545 U.S. 524, 530-32 (2005)
(explaining differentiation between true motion filed pursuant to
Fed. R. Civ. P. 60(b), and unauthorized successive habeas corpus
petition). Accordingly, we vacate the court’s order and remand
with instructions to dismiss Monroe’s motion to reconsider for lack
of jurisdiction. See Winestock, 340 F.3d at 208-09.
We deny Monroe’s motion to appoint counsel and motion to
remand for resentencing. 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.
VACATED AND REMANDED WITH INSTRUCTIONS
*
Monroe may file in the district court a motion to reduce his
sentence under 18 U.S.C.A. § 3582(c) (West 2000 & Supp. 2008).
2