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No. 06-6445
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Marvin J. Garbis, Senior District Judge.
(1:92-cr-00283-MJG; 1:05-cv-02317-MJG)
Submitted:
Decided:
PER CURIAM:
Daniel Oriakhi appeals from the district courts order
dismissing his 28 U.S.C. 2255 (2000) motion as successive.
previously
granted
certificate
of
appealability,
and
We
after
heroin.
Oriakhi
was
sentenced
to
300
months
filed separately.
On
August
10,
the
district
court
entered
an
order
letter to the court dated August 18, stating that his motions dated
- 2 -
The
The district
We denied a certificate
United States v.
In
These
his first 2255 motion should not count against him for purposes
of restrictions against second or successive motions because he did
not intend for the motion to be construed as a 2255 motion and he
was
not
given
notice
that
the
district
court
intended
to
He cited to
540 U.S. at
of
applying
to
successive restrictions.
later
motions
Id.
the
laws
second
or
filed
by
counsel
Oriakhi
regarding
plea
offer
and
authorization
and
from
relying
on
Oriakhis
misleading
Oriakhi
appeal,
Oriakhi
challenges
the
district
courts
The question
On the
other hand, Oriakhi repeatedly informed the court that he did not
intend his filings to be a 2255 motion and that he submitted the
- 5 -
He explained
we
concluded
in
an
identical
manner
when
See South Atl. Ltd. Pship v. Riese, 356 F.3d 576, 584
we
vacate
the
district
courts
order
and
legal
contentions
are
adequately
presented
in
the
material before the court and argument would not aid the decisional
process.
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