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  • United States v. Gainey, 4th Cir. (2000)

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    The United States Court of Appeals for the Fourth Circuit dismissed Ontario Lamar Gainey's appeal of a district court's denial of his 28 U.S.C. § 2255 motion as untimely. The district court had found Gainey's § 2255 motion was not filed within the one-year statute of limitations. The appellate court reviewed the record and found no error, as the basis for Gainey's claim was known at the time of his sentencing. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    Filed: 2000-02-17 Precedential Status: Non-Precedential Docket: 99-7603

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    The United States Court of Appeals for the Fourth Circuit dismissed Ontario Lamar Gainey's appeal of a district court's denial of his 28 U.S.C. § 2255 motion as untimely. The district court had found Gainey's § 2255 motion was not filed within the one-year statute of limitations. The appellate court reviewed the record and found no error, as the basis for Gainey's claim was known at the time of his sentencing. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    7 views2 pages

    United States v. Gainey, 4th Cir. (2000)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Ontario Lamar Gainey's appeal of a district court's denial of his 28 U.S.C. § 2255 motion as untimely. The district court had found Gainey's § 2255 motion was not filed within the one-year statute of limitations. The appellate court reviewed the record and found no error, as the basis for Gainey's claim was known at the time of his sentencing. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 99-7603

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    ONTARIO LAMAR GAINEY,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. Malcolm J. Howard, District
    Judge. (CR-94-68, CA-99-89-4-H)

    Submitted:

    February 10, 2000

    Decided:

    February 17, 2000

    Before WIDENER and NIEMEYER, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.


    Ontario Lamar Gainey, Appellant Pro Se.
    Robert Edward Skiver,
    Assistant United States Attorney, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Ontario Lamar Gainey seeks to appeal the district courts
    order denying as untimely his motion filed under 28 U.S.C.A. 2255
    (West Supp. 1999).

    We have reviewed the record and the district

    courts opinion and find no reversible error.

    The basis for the

    claim Gainey seeks to raise was known to him at the time of sentencing.

    Accordingly, we deny a certificate of appealability and

    dismiss the appeal because the 2255 motion was not timely filed.
    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

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