United States v. Harris

5 F. App'x 165

Opinion

PER CURIAM.

Robert Lee Harris appeals the district court’s order denying his motion under 28 U.S.C.A. § 2255 (West Supp. 2000). Although the district court entered judgment on the merits in favor of the Government, we conclude that the motion was not brought within the one-year period specified by § 2255 and, therefore, was untimely. United States v. Torres, 211 F.3d 836, 837 (4th Cir.2000) (holding that the one-year period commences with this court’s mandate when no petition for certiorari is filed). Accordingly, we deny a certificate of appealability and dismiss the appeal on the ground that Harris’ § 2255 motion was time-barred. 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.