US v. Calvin Harris

Filing 920081222

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6946

UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. CALVIN LAMONT HARRIS, Defendant ­ Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (3:05-cr-00425-RLW-1)

Submitted:

November 7, 2008

Decided:

December 22, 2008

Before WILKINSON and Senior Circuit Judge.

MICHAEL,

Circuit

Judges,

and

HAMILTON,

Affirmed by unpublished per curiam opinion.

Calvin Lamont Harris, Appellant Pro Se. Olivia N. Hawkins, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Calvin Lamont Harris seeks to appeal the district

court's orders denying his motions to extend the time to file a motion under 28 U.S.C.A. § 2255 (West Supp. 2008). We affirm.

Because Harris had not filed a § 2255 motion and his motion for an extension for of time to the file did not raise any

potential

grounds to

relief, the

district See

court v.

lacked United States

jurisdiction States, 260

consider 78,

motion. (2d Cir.

Green

F.3d

82-83

2001);

United

v. Leon, 203 F.3d 162, 163-64 (2d Cir. 2000). We relief. legal before therefore affirm the district court's denial of

We dispense with oral argument because the facts and are and adequately argument presented not in aid the the materials decisional

contentions the court

would

process. AFFIRMED

2