UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-6557
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JOSE LUIS ACEVEDO, a/k/a Louie, a/k/a Pedro
Pineyro,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior
District Judge. (CR-92-427-A, CA-97-2080-1)
Submitted: July 22, 1998 Decided: August 10, 1998
Before ERVIN, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Cheryl Johns Sturm, Westtown, Pennsylvania, for Appellant. Thomas
More Hollenhorst, Assistant United States Attorney, Alexandria,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jose Luis Acevedo seeks to appeal the district court’s order
denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 &
Supp. 1998), as untimely. We have reviewed the record and the dis-
trict court’s opinion and find no reversible error. Accordingly, we
deny a certificate of appealability and dismiss the appeal on the
reasoning of the district court. United States v. Acevedo, Nos. CR-
92-427-A; CA-97-2080-1 (E.D. Va. Dec. 29, 1997; Jan. 22, 1998). We
find meritless Acevedo’s claims that: (1) the district court lacked
the authority to raise the one-year limitation period for § 2255
motions sua sponte; (2) the Government waived its right to assert
the limitation period; (3) his motion cannot be barred because it
raises constructive denial of counsel; and (4) the limitation
period violates the Suspension Clause. 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
2