United States v. Cleveland , 13 F. App'x 71 ( 2001 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-7612
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TROY V. CLEVELAND,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior
District Judge. (CR-93-402, CA-99-1030-AM)
Submitted: May 31, 2001 Decided: June 12, 2001
Before WILKINS, TRAXLER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Troy V. Cleveland, Appellant Pro Se. James L. Trump, OFFICE OF THE
UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Troy Cleveland appeals the district court’s dismissal of his
first motion for relief under 28 U.S.C.A. § 2255 (West 1994 & Supp.
2000) as time barred under the limitations period imposed under the
Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”).
See § 2255 ¶ 6. However, Cleveland fails to demonstrate that he
could not reasonably have moved for relief under § 2255 within that
one-year period, and acknowledges that he was aware of the factual
predicate for his claim well before his one year window for filing
a § 2255 motion closed. Accordingly, we deny a certificate of
appealability, and dismiss the appeal because the district court
properly dismissed Cleveland’s § 2255 motion as time barred under
the AEDPA. See Weaver v. United States, 195 F.3d 123, 124 (2d Cir.
1999); cf. United States v. Pregent, 190 F.3d 279, 284 (4th Cir.
1999) (ruling that to the extent the Appellant’s motion “was more
properly characterized as a collateral attack under 28 U.S.C.A.
§ 2255, th[at] motion was filed after the statute of limitations
expired,” and therefore properly denied). 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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