United States v. Cesar Sierro-Pineda ( 2020 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-7225
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CESAR SIERRO-PINEDA, a/k/a Desiderio Ramirez Duarte, a/k/a Desiderio
Pineda Duarte,
Defendant - Appellant.
Appeal from the United States District Court for the Western District of North Carolina, at
Statesville. Kenneth D. Bell, District Judge. (5:11-cr-00022-KDB-1; 5:14-cv-00063-
KDB)
Submitted: January 17, 2020 Decided: January 24, 2020
Before WILKINSON and AGEE, Circuit Judges, and SHEDD, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Cesar Sierro-Pineda, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
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
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