United States v. Harris , 5 F. App'x 165 ( 2001 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6026
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ROBERT LEE HARRIS, a/k/a Peejack,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville. James C. Fox, District
Judge. (CR-96-35-F, CA-98-179-4-F)
Submitted: February 22, 2001 Decided: March 1, 2001
Before WIDENER and WILLIAMS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Robert Lee Harris, Appellant Pro Se. Jerri Ulrica Dunston, OFFICE
OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Robert Lee Harris appeals the district court’s order denying
his motion under 28 U.S.C.A. § 2255 (West Supp. 2000). Although
the district court entered judgment on the merits in favor of the
Government, we conclude that the motion was not brought within the
one-year period specified by § 2255 and, therefore, was untimely.
United States v. Torres, 211 F.3d 836, 837 (4th Cir. 2000) (holding
that the one-year period commences with this court’s mandate when
no petition for certiorari is filed). Accordingly, we deny a cer-
tificate of appealability and dismiss the appeal on the ground that
Harris’ § 2255 motion was time-barred. 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.
DISMISSED
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