UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6850
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DARIUS MAURICE BAILEY,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (CR-96-90; CA-04-239-2)
Submitted: September 8, 2004 Decided: September 21, 2004
Before SHEDD and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Darius Maurice Bailey, Appellant Pro Se. Robert Joseph Seidel,
Jr., Assistant United States Attorney, Norfolk, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Darius Maurice Bailey appeals the district court’s order
recharacterizing his post-conviction motion as a motion under 28
U.S.C. § 2255 (2000) and denying it as untimely. Bailey’s motion
challenges the district court’s jurisdiction at the time of his
conviction. Because Bailey timely objected to the district court’s
recharacterization, Bailey was entitled to have the district court
“rule on the merits of [his] motion as filed.” United States v.
Emmanuel, 288 F.3d 644, 649 (4th Cir. 2002). Although the district
court erred in converting the motion in the face of Bailey’s
objection, it is clear from the record that the motion as
characterized by Bailey was without merit. Because we are able to
affirm the judgment of a district court on any basis supported by
the record, we affirm the district court’s denial of Bailey’s
motion. See Eisenberg v. Wachovia Bank, N.A., 301 F.3d 220, 222
(4th Cir. 2002). 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.
AFFIRMED
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