CLD
- 253 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

___________ No. 12

- 1552

___________ UNITED STATES OF AMERICA

v. NATE SWINT, Appellant

____________________________________ On Appeal from the Unit ed States District Court for the Eastern District of Pennsylvania (D.C. C rim. No. 94

- cr - 00276

- 001 ) District Judge: Honorable Jan E. Dubois

____________________________________ Submitted for Possible Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 August 9, 2012 Before: RENDELL, HARDIMAN AND COWEN , Circuit Judges (Opinion filed: August 29, 2012 )

_________ OPINION

_________ PER CURIAM Nate Swint appeals the District Court’s order s denying his “Motion Invoking th is Court’s Inherent P ower” and his “Motion to Amend

. ” For the reasons below, we will summarily affirm the District Court’s orders.2 In 1995, Swint was convicted of drug trafficking charges. Ba s ed on the drug type and quantity and Swint’s two prior convictions, h e was sentenc ed to the mandatory minimum sentence of life in prison. We affirmed his conviction and sentence on appeal.
See No. 96

- 1870. In 2000, the District Court denied Swint’s motion filed pursuant to 28 U.S.C. § 2255

. See United States v. Swint

In October 2011, Swint filed a “Motion Invoking this Court’s Inherent Power.” The Dist rict Court treated the motion as a § 2255 motion and dismissed it without prejudice to Swint filing an application for permission to file a second or successive § 2255 motion. Swint then filed a motion to amend his motion pursuant to Fed. R. Crim.
P. 35 w hich the District Court denied as moot. Swint filed a notice of appeal. , No. 98

- 5788, 2 000 WL 987861 (E.D. Pa. July 17, 2000). Since his Section 2255 motion was denied, Swint has continually filed variou s motions challenging his conviction and sentence

.

We have jurisdiction under 28 U.S.C. § 1291. Swint state d that his “Motion Invoking this Court’s Inherent Power” wa s based on 28 U.S.C. §§ 452 and 453. Section 452 provides that th e courts of the United States must always be open for filing. Section 453 provides the oath that judges take. Neither provides Swint a basis for challenging his conviction. The District Court did not err in dismissing Swint’s “Motion Invoking this
Court’ s Inherent Power ” as an unauthorized second or successive § 2255 motion. Nor3 does Fed. R. Crim. P. 35 provide Swint a basis to challenge his conviction as such a motion would be untimely. 1 Moreover, Swint’s challenge to his sentence is without merit. He assert ed that at the time he committed his current offense in 1994 , he was on parole from a conviction for which he was sentenced under the Controlled Substance Act of 1970 (CSA). Citing 1 U.S.C. §§ 109 and 110, he appears to argue that th ese statutes en title him to be sentenced under the CSA instea d of the Sentencing Reform Act of 1984 (SRA) for the drug trafficking offenses he committed in 1994. S ection 109 provides that the repeal of a statute will not extinguish any penalty, forfeiture, or liability i ncurred under the statute.
S ection 110 provides that acts of limitations shall not be affected by the repeal of a
statute. Sections 109 and 110 are not relevant to Swint’s sentence

. Summary action is appropriate if there is no substantial question pr esented in the appeal. See Third Circuit LAR 27.4. For the above reasons, as well as those set forth by the District Court, we will summarily affirm the District Court’s order s . See Third Circuit I.O.P. 10.6. 2

1 The prior version of Rule 35, which allowed for correction of an illegal sentence at any time, does not apply to Swint’s sentence as he committed the offenses after November 1, 198 7. We caution Swint that future frivolous ple adings or appeals may result in sanctions and limitations on his filings.

2 To the extent that a certificate of appealability is needed for the appeal , we decline to issue one.