UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6861
GERALD J. HOLMES,
Plaintiff - Appellant,
versus
UNITED STATES OF AMERICA,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Patrick Michael Duffy, District
Judge. (2:02-cr-00823-PMD; 2:05-cv-03178-PMD)
Submitted: April 16, 2007 Decided: June 21, 2007
Before MICHAEL, MOTZ, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Gerald J. Holmes, Appellant Pro Se. Robert Hayden Bickerton,
Assistant United States Attorney, Charleston, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Gerald J. Holmes appeals the district court’s order
denying his 28 U.S.C. § 2255 (2000) petition as untimely under the
Antiterrorism and Effective Death Penalty Act of 1996. The
district court previously granted a certificate of appealability.
We have reviewed the record and find that the district court
correctly concluded Holmes’s § 2255 petition was untimely filed.
Accordingly, we affirm for the reasons stated by the district
court. See Holmes v. United States, Nos. 2:02-cr-00823-PMD; 2:05-
cv-03178-PMD (D.S.C. Apr. 7, 2006). 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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