UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 14-6215

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

LUTHER LOCKLEAR,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. Louise W. Flanagan, District Judge. (7:09-cr-00033-FL-2; 7:12-cv-00074-FL)

Submitted: January 13, 2015 Decided: January 26, 2015

Before WILKINSON, SHEDD, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Thomas Reston Wilson, GREENE & WILSON, PA, New Bern, North Carolina, for Appellant. Jennifer P. May-Parker, Ethan A. Ontjes, Assistant United States Attorneys, Yvonne Victoria Watford-McKinney, Seth Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Luther Locklear appeals the district court’s order

dismissing his

(2012) motion. We have reviewed

the record and conclude that the district court properly

dismissed the motion as untimely. Locklear’s claims on appeal

are squarely foreclosed by our recent decision in Whiteside v.

United States, __ F.3d __,

(4th Cir. Dec. 19,

2014) (en banc), and we therefore affirm the district court’s

judgment. United States v. Locklear, Nos. 7:09-cr-00033-FL-2;

7:12-cv-00074-FL (E.D.N.C. Jan. 28, 2014). We dispense with

oral argument because the facts and legal contentions are

adequately presented in the materials before this court and

argument would not aid the decisional process.

AFFIRMED

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