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UNITED STATES v. SMITH (2021)

United States Court of Appeals, Fourth Circuit.2021-09-14No. No. 20-7656

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Opinion

Dalton Laquane Smith appeals the district courts order denying his postjudgment motion to withdraw his guilty plea. Our review of the record confirms that the district court properly denied Smiths motion. See Fed. R. Crim. P. 11(e). Accordingly, we affirm the district courts order.

Consistent with our decision in United States v. Winestock, 340 F.3d 200, 208 (4th Cir. 2003), we construe Smiths notice of appeal and informal brief as an application to file a second or successive 28 U.S.C. § 2255 motion. Upon review, we conclude that Smiths claims do not meet the relevant standard. See 28 U.S.C. § 2255(h). We therefore deny authorization to file a successive § 2255 motion. 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Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.