US v. Gregory Porter, No. 12-7704 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7704 UNITED STATES OF AMERICA, Plaintiff Appellee, v. GREGORY LAVON PORTER, a/k/a Big Honey,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 Affirmed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 reversible error. have reviewed the and find no Accordingly, we affirm substantially for the reasons stated by the district court. Nos. record 5:08-cr-00371-BO-1; United States v. Porter, 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 2006); Shannon 2005). legal before v. States, 453 F.3d 1094, 1097-98 (8th Cir. Newland, 410 F.3d 1083, 1088-89 (9th Cir. We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 2

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