United States of America v. Christopher Kelly

21-7607Court of Appeals for the Fourth Circuit7 de jul. de 2022

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-7607
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CHRISTOPHER KELLY,
Defendant - Appellant.
Appeal from the United States District Court for the District of Maryland, at Baltimore.
Catherine C. Blake, Senior District Judge. (1:06-cr-00222-CCB-2; 1:16-cv-01863-CCB)
Submitted: May 16, 2022 Decided: July 7, 2022
Before AGEE and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Christopher Kelly, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Christopher Kelly appeals from the district court’s November 2019 order denying
relief on his authorized, successive 28 U.S.C. § 2255 motion. We dismiss the appeal for
lack of jurisdiction. Kelly filed his notice of appeal well beyond the 60-day appeal period,
Fed. R. App. P. 4(a)(1)(B), and the appeal itself is duplicative of a prior appeal from the
same order, see United States v. Kelly, 806 F. App’x 224 (4th Cir. 2020) (No. 20-6011)
(denying certificate of appealability and dismissing appeal). Therefore, we dismiss the
appeal as untimely and duplicative. 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.
DISMISSED

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