Filed: Aug. 02, 2016
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6533 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ORILLION CRADDOCK, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:08-cr-00049-REP-1; 3:16-cv-00183-REP) Submitted: July 28, 2016 Decided: August 2, 2016 Before MOTZ and HARRIS, Circuit Judges, and DAVIS, Senior Circuit Judge. Affirmed by unpublished per cu
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6533 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ORILLION CRADDOCK, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:08-cr-00049-REP-1; 3:16-cv-00183-REP) Submitted: July 28, 2016 Decided: August 2, 2016 Before MOTZ and HARRIS, Circuit Judges, and DAVIS, Senior Circuit Judge. Affirmed by unpublished per cur..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6533
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ORILLION CRADDOCK,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, Senior
District Judge. (3:08-cr-00049-REP-1; 3:16-cv-00183-REP)
Submitted: July 28, 2016 Decided: August 2, 2016
Before MOTZ and HARRIS, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Orillion Craddock, Appellant Pro Se. Stephen Wiley Miller,
Assistant United States Attorney, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Orillion Craddock appeals the district court’s order
treating his Fed. R. Civ. P. 60(b) motion as a successive
28 U.S.C. § 2255 (2012) motion, and dismissing it on that basis.
We have reviewed the record and find no reversible error.
Accordingly, we affirm for the reasons stated by the district
court. United States v. Craddock, No. 3:08-cr-00049-REP-1 (E.D.
Va. Mar. 23, 2016).
Additionally, we construe Craddock’s notice of appeal and
informal brief as an application to file a second or successive
§ 2255 motion. 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) newly discovered evidence that . . . would be
sufficient to establish by clear and convincing
evidence that no reasonable factfinder would have
found the movant guilty of the offense; or
(2) a new rule of constitutional law, made retroactive
to cases on collateral review by the Supreme Court,
that was previously unavailable.
28 U.S.C. § 2255(h). Craddock’s claims do not satisfy either of
these criteria. Therefore, we deny authorization to file a
successive § 2255 motion.
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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
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