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83 F. App'x 522

United States v. Edwards

U.S. Courts of Appeals

Decided December 17, 2003

U.S. Courts of Appeals · decided 2003-12-17

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on United States v. Edwards

Dismissed by unpublished PER CURIAM opinion · Decided 2003-12-17

PER CURIAM:

¶1 Michael Anthony Edwards filed an “application for certificate of appealability of defendant’s sentencing guidelines level and enhancement” in the district court, which the district court docketed as a notice of appeal. The district court, however, has not issued any final orders in Edwards’s case since entry of the judgment of conviction and sentence on December 18, 2000, which we affirmed. See United States v. Edwards, 30 Fed.Appx. 293 (4th Cir.2002) (unpublished). In this court, Edwards has filed a “motion for correction of sentence pursuant to 28 U.S.C. § 2255.” We dismiss the motion because we lack jurisdiction to consider it.

¶2 A motion for correction of sentence pursuant to § 2255 must be filed in “the court which imposed the sentence.” 28 U.S.C. § 2255 (2000). The statute further provides that “[a]n appeal may be taken to the court of appeals from the order entered on the motion as from a final judgment on application for a writ of habeas corpus.” Id. Edwards’s motion is not properly brought in this court.

¶3 Accordingly, we dismiss Edwards’s motion for lack of jurisdiction. 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.

¶4 DISMISSED

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