United States v. Glenn Harris

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7661 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. GLENN A. HARRIS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Elizabeth City. Terrence W. Boyle, District Judge. (2:04-cr-00017-BO-1; 2:12-cv-00023-BO) Submitted: April 29, 2013 Decided: May 23, 2013 Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Thomas P. McNamara, Federal Public Defender, Devon L. Donahue, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. Thomas G. Walker, United States Attorney, Jennifer P. May-Parker, Kristine L. Fritz, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Glenn A. Harris appeals the district court’s order dismissing his 28 U.S.C.A. § 2255 (West Supp. 2012) motion as untimely. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court’s order. See United States v. Harris, No. 2:04-cr-00017-BO-1 (E.D.N.C. Sept. 5, 2012); cf. Lo v. Endicott, 506 F.3d 572, 575 (7th Cir. 2007); E.J.R.E. v. United States, 453 F.3d 1094, 1098 (8th Cir. 2006); Shannon v. Newland, 410 F.3d 1083, 1089 (9th Cir. 2005). 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 2