U.S. Court of Appeals for the Fourth Circuit, 2001

United States v. Lee

United States v. Lee
U.S. Court of Appeals for the Fourth Circuit · Decided June 28, 2001 · Wilkins, Motz, Traxler
14 F. App'x 164

United States v. Lee

Opinion

PER CURIAM.

Clyde Michael Lee seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp. 2000). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal substantially on the reasoning of the district court. * United States v. Lee, Nos. CR-97-186-A; CA-00-978-AM (E.D.Va. Aug. 9, 2000). 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.

*

We recently held in United States v. Sanders, 247 F.3d 139 (4th Cir. 2001), that resentencing pursuant to a Fed.R.Crim.P. 35 motion does not toll § 2255’s limitations period. Accordingly, Lee's claim that he has timely filed fails.

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