United States Fourth Circuit

Defendant's motion to correct an illegal sentence under former Federal Rule of Criminal Procedure 35(a) is denied where it is construed as a request for authorization to file a successive 28 U.S.C.A. section 2255 motion.

Appellate Information

• Decided 12/22/2004
• Published 12/22/2004

Judges

• Before WILKINS, Chief Judge, WILLIAMS, Circuit Judge, and CONRAD, United States District Judge for the Western District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Neal Lawrence Walters, Charlottesville, Virginia, for Appellant.  Douglas Scott Broyles, Assistant United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF:  Ethan Greene, Third Year Law Student, University of Virginia School of Law, Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant.  Robert J. Conrad, Jr., United States Attorney, Charlotte, North Carolina, for Appellee.