UNITED STATES v. SIERRO PINEDA (2020)

United States Court of Appeals, Fourth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Cesar SIERRO-PINEDA, a/k/a Desiderio Ramirez Duarte, a/k/a Desiderio Pineda Duarte, Defendant-Appellant.

No. 19-7225

Decided: January 24, 2020

Before WILKINSON and AGEE, Circuit Judges, and SHEDD, Senior Circuit Judge.

Cesar Sierro-Pineda, Appellant Pro Se.

Cesar Sierro-Pineda appeals the district court's order construing his Fed. R. Civ. P. 60(b) motion as an unauthorized successive 28 U.S.C. § 2255 (2018) motion and dismissing it for lack of jurisdiction. We have reviewed the record and find no reversible error. Accordingly, we deny a certificate of appealability as unnecessary and affirm. See United States v. McRae, 793 F.3d 392, 400 (4th Cir. 2015) (“[W]e need not issue a COA before determining whether the district court erred in dismissing [a] purported Rule 60(b) motion as an unauthorized successive habeas petition.”). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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