United States v. Luther Locklear ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6215
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LUTHER LOCKLEAR,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. Louise W. Flanagan,
District Judge. (7:09-cr-00033-FL-2; 7:12-cv-00074-FL)
Submitted: January 13, 2015 Decided: January 26, 2015
Before WILKINSON, SHEDD, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Thomas Reston Wilson, GREENE & WILSON, PA, New Bern, North
Carolina, for Appellant. Jennifer P. May-Parker, Ethan A.
Ontjes, Assistant United States Attorneys, Yvonne Victoria
Watford-McKinney, Seth Morgan Wood, OFFICE OF THE UNITED STATES
ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Luther Locklear appeals the district court’s order
dismissing his 28 U.S.C. § 2255 (2012) motion. We have reviewed
the record and conclude that the district court properly
dismissed the motion as untimely. Locklear’s claims on appeal
are squarely foreclosed by our recent decision in Whiteside v.
United States, __ F.3d __, 2014 WL 7245453 (4th Cir. Dec. 19,
2014) (en banc), and we therefore affirm the district court’s
judgment. United States v. Locklear, Nos. 7:09-cr-00033-FL-2;
7:12-cv-00074-FL (E.D.N.C. Jan. 28, 2014). 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.
AFFIRMED
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