United States v. Gregory Porter

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-7704

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

GREGORY LAVON PORTER, a/k/a Big Honey,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle,
District Judge. (5:08-cr-00371-BO-1; 5:12-cv-00298-BO)

Submitted: May 30, 2013 Decided: June 6, 2013

Before WILKINSON and AGEE, 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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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:

Gregory Lavon Porter appeals the district court’s

order dismissing as untimely his 28 U.S.C.A. § 2255 (West Supp.

2012) motion. We have reviewed the record and find no

reversible error. Accordingly, we affirm substantially for the

reasons stated by the district court. United States v. Porter,

Nos. 5:08-cr-00371-BO-1; 5:12-cv-00298-BO (E.D.N.C. Sept. 12,

2012); cf. Lo v. Endicott, 506 F.3d 572, 575-76 (7th Cir. 2007);

E.J.R.E. v. United States, 453 F.3d 1094, 1097-98 (8th Cir.

2006); Shannon v. Newland, 410 F.3d 1083, 1088-89 (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