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United States v. Fowler

UNITED STATES of America, Plaintiff—Appellee, v. Kevin Ray FOWLER, Defendant—Appellant

United States v. Fowler, 133 F. App'x 922 (4th Cir. 2005)
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Court
Court of Appeals for the Fourth Circuit · U.S. Courts of Appeals
Decided
June 17, 2005
Docket
No. 05-6493
Judges
Niemeyer, Duncan, Hamilton
Citations
133 F. App'x 922
Status
Unpublished
Disposition
Dismissed by unpublished per curiam opinion.

Opinion — Per Curiam

PER CURIAM.

On or about March 24, 2005, Kevin Ray Fowler filed a notice of appeal from his December 16, 1996, criminal judgment. Because Fowler previously filed an appeal from his 1996 judgment and this Court disposed of the appeal by affirming Fowler’s convictions and sentence, this Court is without jurisdiction to entertain a second appeal from the same judgment. In addition, this court does not have jurisdiction because the appeal is clearly untimely as to the December 16, 1996, judgment.

See Fed. R.App. P. 4(b)(1). Accordingly, the appeal is dismissed.

Fowler seeks a review of his sentence based upon the rules announced in United States v. Booker, — U.S.-, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005) and Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004). If Fowler were to seek relief from his sentence in a 28 U.S.C. § 2255 (2000) motion, he would need authorization from this court pursuant to 28 U.S.C. §§ 2244 and 2255 because he previously unsuccessfully sought § 2255 relief. Construing his notice of appeal as a motion for authorization, we deny authorization because neither Booker nor Blakely announced a new rule of constitutional law *923 made retroactive by the Supreme Court to cases on collateral review.

Accordingly, we dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

2005: 12006: 320052026peak 2006 · 3

Relies on it most ⓘ

  1. In re Zambrano433 F.3d 886 (D.C. Cir. 2006)
  2. Khan v. United States414 F. Supp. 2d 210 (E.D.N.Y. 2006)
  3. Martin v. United States395 F. Supp. 2d 326 (D.S.C. 2005)
  4. Scala v. United States445 F. Supp. 2d 248 (E.D.N.Y. 2006)

Most recent

  1. Scala v. United States445 F. Supp. 2d 248 (E.D.N.Y. 2006)
  2. Khan v. United States414 F. Supp. 2d 210 (E.D.N.Y. 2006)
  3. In re Zambrano433 F.3d 886 (D.C. Cir. 2006)
  4. Martin v. United States395 F. Supp. 2d 326 (D.S.C. 2005)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Blakely v. Washington, 542 U.S. 296 (2004) 11,782
United States v. Booker, 543 U.S. 220 (2004) 20,425

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