UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-7593

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

CALVIN D. BRITT,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Elizabeth City. Terrence W. Boyle, District Judge. (2:06-cr-00004-BO-1; 2:12-cv-00037-BO)

Submitted: January 22, 2015 Decided: January 26, 2015

Before SHEDD, KEENAN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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:

Calvin D. Britt appeals the district court’s order

dismissing as untimely his

(2012) motion. We

have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. United States v. Britt, Nos. 2:06-cr-00004-BO-1; 2:12-

cv-00037-BO (E.D.N.C. Sept. 7, 2012). 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

2